- The Hon’ble Supreme Court (SC),in an appeal filed by way of a Special Leave Petition (SLP) in the case of Lingeshwaran Etc. v Thirulimgam,has affirmed the view taken by the Madurai Bench of High Court of Madras (HC) with regard to the condonation of delay.
- The High Court, in its judgment, set aside the impugned order passed by the Learned Trial Court wherein the it condoned a huge delay of 467 days in preferring an application for setting aside an ex-parte decree passed by a lower Court. The delay was pardoned to accord both the parties an opportunity of fair trial.
- Although the Trial Court was of the view that the application lacked on merits, the Court observed that by allowing the application for condonation of delay, no prejudice will be caused to the plaintiff and, therefore, the delay can be condoned by compensating the plaintiff by way of heavy costs. This impugned order was set aside by the HC.
- Affirming the view of the High Court, the SC noted that once the Trial Court established that the delay has not been properly explained and the application is not on merits, the matter should rest there. Condonation without merits would be giving a premium to a person who fails to explain the delay and who is guilty of delay and laches.
- The SC relied on an earlier decision of the Court in the case of Popat Bahiru Goverdhane v Land Acquisition Officer wherein the Court held that the law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes and the court does not have any power to extend the period of limitation on equitable grounds.
- The Court also referred to the observation made in the case of Maniben Devraj Shah v Municipal Corporation of Brihan Mumbai where it was observed that the law of limitation is founded on public policy and was enacted to ensure that the aggrieved party approaches the Court for vindication of their rights without unreasonable delay. The concept of limitation was put in force to ensure that every remedy remained alive only till the expiry of the period fixed by the legislature.
- In light of the above discussions, Supreme dismissed the SLP and upheld the view taken by the HC.
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