Saturday, September 27, 2025

*Principles of Condonation of Delay in Litigation*

*Principles of Condonation of Delay in Litigation*

The case of NICL v. Om Prakash Chettri [2016] GCtR 6439 (Sikkim) has explained the principles when delay is caused by a government organisation. Whether the time taken in sending the files to various offices of organisation can be a ground to condone delay in litigation ? Whether the time taken by Advocate to draft can become a ground to condone the delay in litigations ? If the Advocate does not supplies copy of Judgment on the day when Judgment was pronounced which causes delay then can the delay be condoned ?

One can also cite Pathapati Subba Reddy v. LAO [2024] GCtR 2666 (SC) where it was held that "delay is not liable to be condoned merely because some persons have been granted relief on the facts of their own case and merits of the case are not required to be considered in condoning the delay". "A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time". "Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself".

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