“Delay should not be excused as a matter of generosity” Supreme Court Rejects Govt’s Time Barred Suit

Case title: Union of India & Anr. v. Jahangir Byramji Jeejeebhoy

Case no.: Civil Appeal No. of 2024 (arising out of S.L.P. (Civil) No. 21096 of 2019)

Dated on: 3^rd April 2024

Quorum: Justice Aniruddha Bose and Justice J.B. Pardiwala

FACTS OF THE CASE

In the annals of legal battles, the saga of delays often takes center stage. The case at hand, emanating from an order by a learned single Judge of the High Court of Judicature at Bombay, bears testament to the perennial struggle between the imperatives of justice and the rigidity of timelines. Let’s delve into the intricate web of facts, submissions, issues, and judicial pronouncements that define this legal saga.

The genesis of the dispute lies in a lease agreement dated 09.03.1951, wherein the respondent leased a property to the appellants. Subsequently, due to alleged breaches by the appellants, the respondent filed a suit for possession and arrears of rent in 1981. The trial court decreed the suit in 1987, which was subsequently affirmed in appellate proceedings in 1992. The appellants then approached the High Court in 1993, seeking relief under Article 227 of the Constitution.

However, due to non-prosecution, the petition was dismissed in 2006. Despite subsequent execution proceedings initiated by the respondent in 2013, the appellants only moved to restore the petition in 2019, citing a delay of 12 years and 158 days. The High Court, in its order dated 09.07.2019, declined to condone the delay, prompting the present appeal before the Supreme Court.

CONTENTIONS OF THE APPELLANT

The learned Attorney General, representing the appellants, argued vehemently for condonation of the delay. He underscored the significance of the suit property being within Pune Cantonment, asserted as Union-owned land. The delay, according to him, should not prejudice the government’s rights over the land.

CONTENTIONS OF THE RESPONDENTS

In opposition, Mr. Sudhanshu Chaudhari, the learned senior counsel for the respondent, contended that the High Court’s decision was legally sound. He emphasized the lack of sufficient cause presented by the appellants to justify the lengthy delay in seeking restoration.

In Oriental Aroma Chemical Industries Limited v. Gujarat Industrial Development Corporation, (2010) 5 SCC 459, SC rejected the application for condonation of delay of 4 years in filing an application to set aside an ex-parte decree on the ground that the explanation offered for condonation of delay is found to be not satisfied.

In Postmaster General and others v. Living Media India Limited, (2012) 3 SCC 563, while dismissing the application for condonation of delay of 427 days in filing the Special Leave Petition, held that condonation of delay is not an exception and it should not be used as an anticipated benefit for the government departments.

In that case, SC held that unless the Department has reasonable and acceptable reason for the delay and there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red tape in the process cannot be accepted.

LEGAL PROVISIONS

Article 227 of Constitution of India, Power of superintendence over all courts by the High Court, Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.

ISSUE –

• Whether the delay of 12 years and 158 days in filing the restoration application warrants condonation.
• Whether the appellants have presented sufficient cause to justify the delay.
• Whether the High Court erred in its decision to decline condonation.

COURT’S ANALYSIS AND JUDGEMENT

Upon meticulous examination of the submissions and pertinent legal precedents, the Supreme Court embarked on a rigorous analysis. The Court acknowledged the suggestion made by the High Court regarding the possibility of restoration if possession of the property were relinquished, a proposition the appellants declined. It emphasized the significance of diligence in litigation and the sanctity of limitation periods.

Referring to established legal principles, the Court underscored that condonation of delay is not an automatic entitlement. It stressed the need for parties to demonstrate sufficient cause, highlighting the lack thereof in the present case. The Court disapproved of the appellants’ casual approach towards litigation and their failure to proffer a compelling rationale for the delay.

Drawing parallels from prior judgments, the Court reiterated that the law of limitation is founded on principles of equity and public policy, serving to maintain certainty and prevent undue prejudice. It cautioned against leniency in condoning delays, particularly in the absence of bona fide efforts or justifiable reasons.

Ultimately, the Court upheld the High Court’s decision, refusing to intervene in the absence of compelling grounds to condone the delay. It emphasized the paramountcy of adherence to legal timelines and the imperative of balancing justice with procedural rigor.

In the realm of legal proceedings, time is of the essence, and the case law discussed serves as a stark reminder of the consequences of delay. Upholding the sanctity of limitation periods, the Supreme Court’s judgment underscores the need for parties to approach litigation with diligence and foresight, lest they risk forfeiture of their rights. As legal battles unfold, the scales of justice remain finely calibrated, weighing the merits of each case against the imperative of timely recourse to legal remedies.

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Judgement Reviewed by – Chiraag K A

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