Raj HC | Delay in filing appeal due to ongoing vacation of ‘Navratri’, and non-availability of counsel in Jodhpur: Not enough reason for condonation

Rajasthan High Court: The Bench of Dinesh Mehta and Sangeet Lodha, JJ. dismissed the appeal filed against the order passed by the Single Judge of the Court whereby writ petition preferred by the writ-petitioner/appellant seeking a direction to respondents to rectify the inventory after an inordinate delay of 54 years was dismissed on the ground of delay and laches.

The appeal was barred by limitation for 11 days. The only reason assigned for condonation of delay in filing the appeal was that due to the ongoing vacation of ‘Navratri’, and non-availability of counsel in Jodhpur, appellant could not give instructions for filing of appeal.

The Court held that the reason assigned for not filing the appeal within limitation, could hardly be considered a sufficient cause and, therefore, the application under Section 5 of the Limitation Act seeking condonation of delay, should to be rejected. [Jagmal Singh v. State of Rajasthan, 2019 SCC OnLine Raj 164, Order dated 21-02-2019]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.