AIR 1995 DELHI 57 ::1995 (57) DLT 337 ::1995 (2) Civ LJ 5 ::(1995) 1 CivilCourtC 125

Delhi High Court

Hon'ble Judge(s): M. Jagannadha Rao , C.J. AND A. D. Singh , J

Limitation Act (36 of 1963) , S.5— State/Public sector/Public Corporations/ Local bodies - Application by, for condonation of delay - Factors to be taken into consideration - Delay condoned in facts and circumstances subject to costs of Rs. 5000 to be paid to Legal Aid Board. Civil P.C. (5 of 1908) , S.35— While the State cannot be treated differently from any other litigant in the matter of condonity delay, the Court is "bound" to take into consideration the following factors - (i) red-tapism in Government, (ii) delays in correspondence, (iii) habitual indifference of Government officials or Government pleaders as distinct from the usual diligence of ordinary litigants or lawyers for private parties; (iv) collusion or neglinece by Government officials or Government pleaders or fraud, (v) damage to public interest or to public funds or interests of the State, (vi) institutional or bureaucratic procedures as well as delays arising thereon, and (vii) need to render substantial justice on merits. It is not as if, fraud on the part of the Government officials or pleaders has necessarily to be proved by the Government in every case.(Para 11) Implicit in the very nature of Governmental functioning is procedural delay incidental to the decision-making process. A bureaucratic organ hesitates and debates, consults and con....