1996 (7) TMI 551 - SC - Indian Laws

Summary

Issues involved: Delay in filing review application, condonation of delay, setting aside of subordinate judge's order, application of Section 5 of the Limitation Act.

In this case, the Supreme Court heard an appeal regarding a delay in filing a review application for enhanced compensation in a land acquisition matter. The appellant had filed the application after a delay, which the subordinate judge had condoned. However, the respondent challenged this decision in the High Court, which set aside the subordinate judge's order. The Supreme Court emphasized that when delays are caused by the government, it can be challenging to explain each day's delay due to the leisurely manner in which government business is conducted. The Court highlighted that while Section 5 of the Limitation Act requires an explanation for delays, a strict standard of proof could lead to miscarriage of justice. The Court stressed the need for a pragmatic approach rather than a pedantic one in such cases. Ultimately, the Supreme Court allowed the appeal, remitting the case back to the reference Court for review petition disposal in accordance with the law, with no costs imposed.