Shyam Singh vs Union Of India & Anr on 23 March, 2016

1. The application is for condonation of delay of 168 days in filing
the appeal.
2. It has been submitted on behalf of the applicant that he is not
educated and has retired after serving the Indian Army. He remained
unaware of the judgment which was pronounced on 27.04.2015. It has
further been stated thereafter he fell ill and he remained in state of
illness for about four months.
3. Ms. Jyoti Tyagi. Learned Advocate, opposes the prayer of the

LA APP.22/2016 Page 1 of 10
appellant/applicant for condoning the delay in preferring the appeal.
4. The law of limitation, is based on the legal maxim “Interest
Reipubulicae Ut Sit Finis Litium” which means that it is for the
general welfare that a period be put to litigation. If legal remedy is
kept alive beyond the legislatively fixed period of time, it only
generates dissatisfaction. The parties cannot be allowed to have an
unbridled and unfettered free play in matters of timing of approaching
the Court. The Courts, the Supreme Court asserted, must keep in mind
while dealing with the limitation petition that there is a distinction
between the delay for a plausible reason and delay because of inaction
or negligence which deprives a party of the protection of Section 5 of
the Limitation Act, 1963.

Source: Indian Kanoon

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