UNION OF INDIA Vs. KAHNEI CHARAN BISWAL

JUDGEMENT

(1.) The above noted misc. case has been filed for condonation of delay of 637 days in preferring Writ Appeal No. 171 of 2017, by which the judgment dated 21.08.2015 passed by the learned Single Judge in W.P.(C) No. 22356 of 2010 has been challenged.

(2.) In the application for condonation of delay, the appellant-petitioner has pleaded as follows:

(3.) While construing Section 5 of the Limitation Act, it is relevant to bear in mind two important considerations. The first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree-holder to treat the decree as binding between the parties. In other words, when the period of limitation prescribed has expired, the decree-holder has obtained a benefit under the law of limitation to treat the decree as beyond challenge, and this legal right which has accrued to the decree-holder by lapse of time should not be light-heartedly disturbed. The other consideration which cannot be ignored is that if sufficient cause for excusing delay is shown, discretion is given to the court to condone delay and admit the appeal. This discretion has been deliberately conferred on the court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice.