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Issues involved: Appeal dismissed by High Court due to delay, condonation of delay application, appeal filed before Supreme Court also barred by limitation.
The appeal before the Supreme Court stemmed from a judgment of the Division Bench of the Gauhati High Court, which dismissed the appeal filed by the Union of India due to an inordinate delay of 239 days. The High Court observed that the delay was caused by the respondents taking their time to decide on appealing the judgment, without any justifiable reason for the delay. The High Court found no tenable ground of appeal on merits and dismissed the appeal accordingly. The High Court's decision to dismiss the appeal was based on the lack of sufficient cause shown for condoning the delay, as per the condonation of delay application filed. The Supreme Court noted that the High Court was justified in its decision, leading to the appellant filing an appeal before the Supreme Court against the final judgment. However, this appeal was also found to be barred by limitation, with no satisfactory explanation provided for condoning the delay before the Supreme Court as well. The Supreme Court expressed disappointment in the Union of India for the recurring issue of cases being hopelessly barred by limitation, with unsatisfactory explanations for the delays. Despite considering the facts and circumstances, the Supreme Court was compelled to dismiss the appeal on the ground of delay. Nevertheless, the Court decided to keep the question of law open in the larger interest.
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