Case Law Details
Union of India & Anr. Vs J B Jeejeebhoy (D) through LR (Supreme Court of India)
Whether delay of more than 12 years and 158 days in filing the application for restoration of the Writ application is condonable as per the law of limitation?
This judgement being latest in the series of condonation of delay will be helpful in dealing with matters relating to the Condonation of delay.
The Hon’ble Supreme Court in this case was dealing with a matter relating to leasehold land with superstructure where the Union of India made a delay of more than 12 years in filing the restoration application and no sufficient cause was forthcoming for such delay when Additional Solicitor General argued the matter.
We are of the view that the question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the ‘Sword of Damocles’ hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants.
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