STATE OF MADHYA PRADESH Vs. JITENDRA SINGH

JUDGEMENT

(1.) There is delay of 240 days in filing this Appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, condonation whereof is being sought vide I.A.No.17932/2017 which is being vehemently opposed by relying on the decisions in D. Gopinath Pillai vs. State of Kerala and Another.:[(2007) 2 SCC 322]; Amalendu Kumar Bera and Others vs. State of West Bengal:[(2013) 4 SCC 52]; State of Uttar Pradesh through Executive Engineer and Another vs. Amar Nath Yadav: [(2014) 2 SCC 422]; State of M.P. and another vs. Abdul Gani: [(2014) 3 MPLJ 265]; wherein it is held that unless there exist a sufficient cause which has prevented the party to challenge the order within the period of limitation, the delay cannot be condoned. There can be no cavil to the said proposition of law. Dwelling on various dimensions of the aspects of delay that it is the sufficiency of cause which is prime factor while dwelling on application for condonation, it is held in Collector, Land Acquisition, Anantnag and another Vs. Mst. Katiji and others:[AIR 1987 SC 1353], it is held:

(2.) In State of Haryana vs. Chandra Mani and others:[AIR 1996 SC 1623], it is held:

(3.) In B. Madhuri Goud Vs. B. Damodar Reddy [(2012) 12 SCC 693] it is held by their Lordships: