2017 (1) TMI 1680 - HC - Indian Laws

Condonation of delay of 367 days in moving the appeal - the reason for delay of almost one year has been explained in the supplementary affidavit as part of the process of taking legal opinion and gathering the papers - HELD THAT - A year time for such exercise is too long for any State authorities, if they are vigilant to defend their rights. This Court will not give any indulgence to the State for bureaucratic delay in moving the appeal. Limitation petition rejected so is the appeal since the Court is not satisfied with the rational and reasoning offered by way of explanation.

Summary

Issues: Condonation of Delay in Filing Appeal

Condonation of Delay in Filing Appeal:
The judgment by the Patna High Court dealt with the issue of condonation of delay in filing an appeal. The State of Bihar, represented by various departments, appealed against a decision where there was a delay of 367 days in moving the appeal. The court noted that no reasons were initially provided for the delay, and it was only later explained as part of the process of seeking legal opinion and gathering papers. The court, however, expressed dissatisfaction with the explanation provided, stating that a year's delay was too long for state authorities to defend their rights. Consequently, the court rejected the limitation petition and the appeal, emphasizing that it would not grant leniency for bureaucratic delays in legal proceedings. The judgment highlights the importance of timely action and diligence in legal matters, especially when representing state entities.