'We Admire Courage Of Madhya Pradesh State In Filing Petitions With 300/400 Days' Delay' : Supreme Court Summons MP Law Secretary

Taking a stern view on excessive delay in filing an appeal by the Madhya Pradesh Government, the Supreme Court recently directed the Law Secretary of the State to be present to explain who was the authority behind deciding to file the case. The bench of Justice Pardiwala and Justice Mahadevan was hearing a plea filed by the State Government challenging the order of the MP High Court which dismissed its second appeal due to a gross delay of 656 days in filing. Before the High Court, since the state was not able to justify the reason for such a delay, the second appeal under S. 100 of the CPC was rejected. The State approached the Supreme Court filing a Special Leave Petition against the High Court's order.The Supreme Court in its order dated January 31, noted that the impugned order has now been challenged before the present Court with an additional delay of 177 days. While the bench recorded that it could have simply dismissed the challenge, however, it would like to know who decided to challenge the High Court order. The Court noted that the State has been filing petitions with delay of 300/400 days."We admire the courage with which the State of Madhya Pradeshhas been filing Special Leave Petitions in this Court over a period of time with delay of 300/400 days," the bench commented with a tone of sarcasm."We direct the Law Secretary of the State of Madhya Pradesh to remain present before us on 14-2-2025 along with the original files containing the decision taken to challenge the impugned order passed by the High Court declining to condone the delay of 656 days.""We would like to know who is that authority who took the decision that the order passed by the High Court is worth challenging before this Court."Notably, the same bench in December 2024 directed all States to fix liability on government officers who cause delays in the filing of appeals/cases on behalf of the government and thereby cause loss to the public exchequer.The matter will now be heard on February 14, 2025. Case Details: THE STATE OF MADHYA PRADESH & ORS. v. GOKULCHAND & ANR.| SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 61179/2024Click here to read the order

'We Admire Courage Of Madhya Pradesh State In Filing Petitions With 300/400 Days' Delay' : Supreme Court Summons MP Law Secretary

Anmol Kaur Bawa

Tags