STATE OF MANIPUR Vs. ASHEM ONGBI NGAMBI DEVI

JUDGEMENT

(1.) THIS is an application made by appellant under section 5 of Limitation Act seeking condonation of delay in filing appeal against the order dated 27.04.2012 passed by Single Judge in W.P. No.357 of 2005.

(2.) THE limitation to file an appeal is 30(thirty) days as prescribed under the Rule where as the delay in filing appeal is 130 days. In other words, the appeal is barred by limitation by 130 days. The question that arises for consideration in this appeal is whether any case is made out for condonation of delay in filing appeal. Notice of application was given to respondent. The respondent has opposed the application contending inter -alia that cause shown by appellant does not make out any ground of condonation of delay and it is not a sufficient cause within the meaning of Section 5 of Limitation Act. It is thus liable to be rejected.

(3.) IN the first place, the delay of 130 days, is totally unexplained. It is indeed inordinate and thus cannot be condoned for want of good and sufficient cause which is required to be made out under section 5 of Limitaiton Act. Secondly, when the Rule has given 30 days to file an appeal then there was absolutely no reason as to why the appellant waited for 130 days to file an appeal. Thirdly, the appellant is not a rustic villager, who is not usually conversant with the legal intricacies of limitation issue prescribed under the Law of Limitation and Rules. Fourthly, the appellant is a State and being a state is quite aware and presumed to be quite aware of all relevant provisions applicable to filing of appeal. Indeed, it is always advised by the office of Advocate General on day today basis on all the issues. Fifthly, the usual ground of administrative sanction that resulted in delay in filing appeal does not appear to us to be real and bonafide because no department would take 130 days to decide as to whether appeal should be filed or not against an order of Single Judge. Moreover, in the absence of any detail, we are not inclined to condone the delay.