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TMI Blog2022 (4) TMI 1348X X X X Extracts X X X X X X X X Extracts X X X X ..... ng duty towards the other fellow citizen are to be balanced in such a manner without causing any prejudice, which resulted in prescription of law of limitation. Exercise of right by a citizen cannot infringe the right of other fellow citizen. Rights and duties are corresponding and therefore, the law requires a limitation for institution of litigations/appeals. The principles of reasonableness would be adopted with reference to the nature of litigations to be instituted. Various time limits are prescribed for civil litigations, appeals and other varieties of litigations, considering various factors and by applying the doctrine of reasonableness. Thus, the law of limitation became substantive and to be followed scrupulously in all circums ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces, the Courts can take a lenient view if the reasons are genuine. If the delay is about three months or upto five or six months, the Courts may take a lenient view, but not in respect of longer delay. This Court is not inclined to condone the delay of 2575 days in filing the appeal - Petition dismissed. - C.M.P. (MD) No. 10954 of 2021 in S.A. (MD) SR No. 46901 of 2015 and S.A. (MD) SR No. 46901 of 2015 - - - Dated:- 30-3-2022 - S.M. Subramaniam, J. For the Appearing Parties : A.C. Arun Kumar ORDER S.M. Subramaniam, J. 1. This civil miscellaneous petition is filed to condone the delay of 2575 days in filing the second appeal. 2. The petitioner states that she is a senior citizen and suffering from ailments. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iscretion to condone the delay, that does not mean that enormous delay in instituting the suit or appeal is to be condoned mechanically. Undoubtedly, if the reasons are candid and convincing, then the Courts are empowered to exercise its power of discretion for the purpose of condoning the delay. Power of discretion is a double-edged weapon. Thus, discretionary powers are to be exercised cautiously and uniformly so as to avoid any prejudice to either of the parties. Exercise of power of discretion if made excessively, it would defeat the purpose and object of the law of limitation. The Courts are expected not to travel beyond the permissible extent, so as to condone the enormous delay in a routine or mechanical manner. Power of discretion i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts under the Constitution of India, are qualified and subject to various restrictions under other laws in-force. Thus, the rights of citizen and corresponding duty towards the other fellow citizen are to be balanced in such a manner without causing any prejudice, which resulted in prescription of law of limitation. Exercise of right by a citizen cannot infringe the right of other fellow citizen. Rights and duties are corresponding and therefore, the law requires a limitation for institution of litigations/appeals. 8. Any citizen, who slept over his right, cannot wake up one fine morning and knock the doors of the Court for redressal of his grievances. The person, who slept over his right, has to necessary loose his right on account of ef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... done delay petitions are taken into consideration, there is a frequent representation from the parties that the delay is to be condoned by imposing heavy costs or otherwise. This Court is of the humble opinion that by imposing heavy costs, long delay cannot be condoned. In the event of condoning enormous delay by imposing costs, undoubtedly, the legal principles are not only compromised, but 'justice' is not done to the parties. The Courts are not supposed to compromise the legal principles under the guise of imposing heavy costs. Costs are imposed on certain exceptional circumstances, when the Courts form an opinion that lapses are minor and on account of such minor lapses, the parties should not suffer or their rights cannot be de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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