Upholding Supreme Court’s Strict Approach Refusing Condonation of Excessive Delay by Government Entities
Summary
| Category | Data |
|---|---|
| Case Name | WA/114/2024 of The State of Tripura Vs Sri Churamuni Malakar |
| CNR | TRHC010016882024 |
| Decision Date | 26-08-2025 |
| Disposal Nature | Dismissed |
| Judgment Author | M.S. Ramachandra Rao, C.J. |
| Concurring Judges | S. Datta Purkayastha, J. |
| Court | High Court of Tripura |
| Bench | Division Bench of C.J. M.S. Ramachandra Rao and J. S. Datta Purkayastha |
| Precedent Value | Binding on Tripura High Court and its subordinate courts |
| Overrules / Affirms | Affirms Supreme Court precedent |
| Type of Law | Procedural Law (Limitation Act, 1963) |
| Questions of Law | Whether sufficient cause exists to condone a 920-day delay in filing a writ appeal under Section 5 of the Limitation Act |
| Ratio Decidendi | The court held that an inordinate delay of 920 days in filing a writ appeal cannot be excused under Section 5 of the Limitation Act without a plausible, bona fide explanation. Government departments and their undertakings are bound by the same rules of limitation as private litigants. Misconceptions—such as assumed stays in unrelated cases or administrative vacancies—do not constitute sufficient cause. Delay in obtaining certified copies likewise demands justification. Supreme Court precedents mandating a strict approach to condonation of delay must be followed before any consideration of merits. |
| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court | The court applied a strict interpretation of “sufficient cause” under Section 5 Limitation Act, rejecting administrative inertia and reliance on unrelated interim stays; held that government entities cannot claim separate periods of limitation; emphasized first assessing bona fides before merits; followed a line of Supreme Court judgments refusing mechanical condonation of long delays. |
| Facts as Summarised by the Court | A writ appeal against the Single Judge’s 20.01.2022 order was filed 920 days late on 07.10.2024. The applicants had filed and then withdrawn a review petition on 03.10.2024. The third applicant lacked a chairman from 28.01.2023 to 22.09.2023 and later misconceived that a stay in another writ appeal applied. Application for certified copy was made only on 15.07.2024. No plausible cause was shown for any period of inaction. |
| Citations |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under the High Court of Tripura |
| Persuasive For | Other High Courts |
| Follows |
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What’s New / What Lawyers Should Note
- Government bodies and their undertakings cannot claim exemption from strict limitation periods; they must furnish bona fide, contemporaneous explanations for any delay.
- Misapprehension that a general stay in one writ appeal applies to others is not a valid ground for condonation.
- Administrative vacancies or transfers of key officers (e.g., chairman, managing director) do not suspend the running of limitation unless actively shown to have prevented decision-making.
- Delay in procuring certified copies of judgments must itself be justified; it cannot be assumed reasonable without explanation.
- Courts will first test the sufficiency of the cause before delving into the merits of the appeal.
Summary of Legal Reasoning
- Section 5 Limitation Act requires “sufficient cause” for condonation of delay; merits may not be considered until this threshold is met.
- The 920-day delay (20.01.2022–07.10.2024) lacked any plausible explanation for the period before the chairman’s vacancy, during the vacancy, and after fresh appointments.
- Reliance on stay orders in unrelated writ appeals and delayed application for certified copies were held insufficient.
- Supreme Court precedents (e.g., Living Media India, Jahangir Jeejeebhoy) mandate a strict, non-mechanical approach, binding even on government parties.
- Without satisfactory explanation, any condonation request must be dismissed irrespective of the appeal’s potential merits.
Arguments by the Parties
Petitioner (Applicants under Section 5 IA)
- The third applicant lacked an administrative head (chairman) for eight months, preventing decision-making.
- Misbelief that an interim stay in another writ appeal extended to this case.
- Filing of a review petition, board resolution, and corporate procedures warranted additional time.
Respondent (Original Writ Petition Respondent)
- No sufficient cause was demonstrated for any portion of the 920-day delay.
- Administrative vacancies and misconceptions regarding stays do not excuse statutory limitation.
- Delay in obtaining certified copies further underscored lack of diligence.
Factual Background
The State of Tripura and associated corporate entities filed a writ appeal on 07.10.2024 against a Single Judge’s order dated 20.01.2022, delayed by 920 days. In the interim, they had filed and withdrawn a review petition on 03.10.2024. The Tripura Horticulture Corporation Ltd. had no appointed chairman from 28.01.2023 to 22.09.2023, and its managing director changed on 30.10.2023. Applicants misconceived that a stay in another writ appeal applied and delayed obtaining certified copies until 15.07.2024.
Statutory Analysis
- Section 5 of the Limitation Act, 1963: empowers courts to condone delay on “sufficient cause” being shown.
- The court reaffirmed that all litigants, including government departments and public undertakings, are equally bound by limitation.
- The decision emphasized the necessity of demonstrating bona fide reasons before any merits inquiry.
Alert Indicators
- ✔ Precedent Followed – existing Supreme Court authority on condonation of delay reaffirmed.
Citations
- Postmaster General & Ors. v. Living Media India Ltd. & Anr., (2012) 3 SCC 563
- Commissioner of Customs, Chennai v. Volex Interconnect (India) Pvt. Ltd., (2022) 3 SCC 159
- Principal Commissioner Central Excise Delhi-I v. Design Dialogues India Pvt. Ltd., (2022) 2 SCC 327
- Union of India v. Central Tibetan Schools Administration & Ors., (2021) 11 SCC 557
- Union of India & Ors. v. Vishnu Aroma Pouching Pvt. Ltd. & Anr., (2022) 9 SCC 263
- State of Uttar Pradesh & Ors. v. Sabha Narain & Ors., (2022) 9 SCC 266
- Union of India & Anr. v. Jahangir Byramji Jeejeebhoy (D) & Ors., 2024 SCC OnLine SC 489
- State of Madhya Pradesh v. Ramkumar Choudhary, SLP (C) Diary No. 48636/2024 dt. 29.11.2024
- Inder Singh v. State of Madhya Pradesh, SLP (Civil) No. 6145/2024 dt. 21.03.2025
- Ramchandra Shankar Deodhar & Ors. v. State of Maharashtra & Ors., (1974) 1 SCC 317
- Sheo Raj Singh (Deceased) through LRs & Ors. v. Union of India & Anr., (2023) 10 SCC 531
- State of Rajasthan & Anr. v. Bal Kishan Mathur (Dead) through LRs & Ors., (2014) 1 SCC 592
- Executive Officer, Antiyur Town Panchayat v. G. Arumugam (Dead) by LRs, (2015) 3 SCC 569