The Supreme Court of India is hearing two appeals by a plaintiff who filed a suit for specific performance of a contract for the sale of agricultural land in Himachal Pradesh between the defendant and a company, which was dismissed by the District Judge and later by the High Court due to delay.

The appeals challenge the High Court’s decision to dismiss the delay condonation applications filed under the Limitation Act of 1963, which declined to condone a delay of 254 days as the reasons for the delay were not sufficient. The only reason provided by the plaintiff was a lack of funds to pay court fees, which the court found unsatisfactory as the plaintiff was an affluent businessman. The court cites section 149 of the Civil Procedure Code, which allows for the payment of court fees at a later stage, and emphasizes that the court fees act has to be read along with section 149 of the CPC.

The Indian Supreme Court has emphasized the strict interpretation of Section 5 of the Limitation Act and the requirement for a litigant to explain every day’s delay when seeking to take away a right that has accrued to a party by lapse of time.

Ajay Dabra VS Sundar on 31.01.23

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.