Delay May Be Condoned Where Counsel's Actions Substantially Contributed To Litigant's Procedural Lapse: Sikkim High Court
The High Court of Sikkim has condoned the delay in filing a civil revision petition, observing that acts of counsel which cause delay should not operate to the prejudice of a litigant in a manner that results in denial of justice.
The Court was considering an application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing a revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC). Article 131 of the Limitation Act prescribes a limitation period of 90 days for filing such a revision.
Justice Bhaskar Raj Pradhan remarked that: “the acts of the counsel to the prejudice of the client should not bind them in such a way that justice should suffer. Whether the act of the counsel for the applicant was right or wrong is a different issue but the fact of the matter is that certain acts were taken by the counsel which seems to have caused substantial delay”.
Background:
The petitioner challenged the December 19, 2024 order passed by the Civil Judge (Senior Division), Pakyong, in Title Suit No. 09 of 2024.
As the civil revision was filed beyond the prescribed limitation period, the petitioner sought condonation of delay, explaining that changes of counsel and proceedings pursued on legal advice had contributed to the delay.
The High Court held that the period during which the petitioner pursued transfer proceedings before the District Judge was liable to be excluded under Section 12 of the Limitation Act. It noted that changes of counsel and steps taken on legal advice had contributed to the delay.
The Court observed that counsel's acts should not prejudice a litigant in a manner that causes justice to suffer. It further held that applications for condonation of delay should not be approached pedantically and that courts should adopt a justice-oriented approach.
Finding that the interests of justice would be better served by hearing the revision on merits, the Court condoned the delay and allowed the application.
Date of Decision: 22.09.2026