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Showing posts with the label Delay in Matters of State

Approach of Supreme Court Towards Condonation of Delay in Matters of State

  The Limitation Act, 1963 {hereinafter referred to as ILA, 1963} has the objective of doing justice and equity with the society and the defendant in a suit, appeal or an application. The public policy behind the Act is to bring legal status and legal relationship of an individual to certainty. Moreover, it is in the interest of society to put an end to litigation followed by the legal maxim interest reipublicae ut sit finis litium. The  ILA, 1963  prescribes the period of limitation for filing every suit, appeal, or application in the schedule of the act. The applicant/ respondent shall file the same within the prescribed time period. However, in cases where the delay is caused in filing the same ILA, 1963 provides for the principle of  Condonation of Delay  in Section 5 of the ILA, 1963. The provision provides that an appeal or application can be condoned if the party concerned suffices the ‘sufficient cause’ of delay in filing an appeal or application. Extending the application of S