Delay Can't Be Condoned Based On Merits Of Main Matter If There's No Sufficient Explanation For Delay : Supreme Court

The Supreme Court, recently on (January 08), observed that while considering an application to condone delay, the court must not start with the merits of the main matter. It owes a duty first to ascertain the bona fides of the explanation offered by the party seeking condonation."Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that the substantial justice deserves to be preferred as against the technical considerations. While considering the plea for condonation of delay, the court must not start with the merits of the main matter. “It is only if the sufficient cause assigned by the litigant and the opposition of the other side is equally balanced that the court may bring into aid the merits of the matter for the purpose of condoning the delay.,” the Bench of Justices J.B. Pardiwala and R. Mahadevan observed. The Bench also observed that the limitation rules are not meant to destroy parties' rights but to prevent them from resorting to dilatory tactics. The Court particularly stressed that concepts such as “liberal approach,” “justice-oriented approach,” and “substantial justice” should not be employed to frustrate the substantive law of limitation. The Court made these observations while deciding an appeal against an order passed by the High Court, allowing a delay of 6 years (about 2200 days) in filing a recall application. “We are at our wits end to understand why the High Court overlooked all the aforesaid aspects. What was the good reason for the High Court to ignore all this? Time and again, the Supreme Court has reminded the District judiciary as well the High courts that the concepts such as “liberal approach”, “Justice oriented approach”, “substantial justice” should not be employed to frustrate or jettison the substantial law of limitation.” Essentially, an original suit related to a property dispute was initially dismissed for default. Later, the suit was restored but one of the defendants/ respondents had passed away. After granting several opportunities for bringing legal heirs of the deceased defendant on record, the suit ultimately came to be dismissed as having stood abated. As the matter reached the High Court, this delay of six years was condoned. Thus, the present appeal. The Apex Court marked that the High Court has shown a “complete absence of judicial conscience and restraint.” It highlighted that the Court must take into account the length of the delay for determining condonation. “From the tenor of the approach of the respondents herein, it appears that they want to fix their own period of limitation for the purpose of instituting the proceedings for which law has prescribed a period of limitation. Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that the substantial justice deserves to be preferred as against the technical considerations.,” the Court said. It further went on to observe that the issue of limitation is not merely a technical consideration but is based on sound public policy and equity. No court should keep the 'Sword of Damocles' hanging over the head of a litigant for an indefinite period of time., the Court remarked while allowing the present appeal and setting aside the impugned order. Case Name: H.GURUSWAMY & ORS v. A. KRISHNAIAH SINCE DECEASED BY LRS., CIVIL APPEAL NO. 317 OF 2025Citation : 2025 LiveLaw (SC) 53 Click here to read the judgment

Delay Can't Be Condoned Based On Merits Of Main Matter If There's No Sufficient Explanation For Delay : Supreme Court

Gyanvi Khanna

'While considering the plea for condonation of delay, the court must not start with the merits of the main matter.'

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