Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.5 filing second appeal Limitation Act sufficient cause Delay of 1942 days |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Haryana Urban Development Authority Act, 1977 (13 of 1977) Limitation Act, 1963 (36 of 1963) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation Act:s.5 – Condonation of delay – Delay of 1942 days in filing second appeal – Application seeking condonation of delay rejected by the High Court – Held: Delay was inordinate and not properly explained – Appellant-HUDA is a statutory authority created under the Haryana Urban Development Authority Act, 1977 and has well-established legal department to look after the legal cases in various Courts – Appellants were, therefore, fully aware of the adverse orders passed in the first appeal against them – There was, therefore, no justification on their part to keep quiet for such a long time and not to file the appeal within 90 days or/and re-file it immediately after curing the defects – If, according to the appellants-HUDA, their lawyer did not take timely steps, which resulted in delay in its filing/refiling, then, it cannot be regarded as a sufficient cause within the meaning of s.5 of the Limitation Act – Delay rightly not condoned by the High Court – Delay/laches – Haryana Urban Development Authority Act, 1977. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2019 INSC 347 |
Petitioner | Estate Officer, Haryana Urban Development Authority & Anr. |
Respondent | Gopi Chand Atreja |
SCR | [2019] 2 S.C.R. 1000 |
Judgement Date | 2019-03-12 |
Case Number | 5051 |
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