Lanka Venkateswarlu (D) By Lrs. Vs. State of A.P. & others
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Head Note
The Limitation Act, 1963 - Section 5
Condonation of delay - No sufficient cause - Declaration of title - Trial Court decreed in favour of original plaintiff - Challenged before High Court - Applications to condone the delay of 3703 days - Filing the application for bringing on record the LRs. Of sole respondent - High Court allowed all applications - Appeals - Whether High Court justified in condoning the delay - No - Twice in impugned order - It was recorded that in the normal course, the applications would have been thrown out without having a second thought in the matter - Having such conclusions - High Court proceeds to condone delay - Whilst considering applications for condonation of delay under Section 5 of the Limitation Act - Courts do not enjoy unlimited and unbridled discretionary powers - Approach adopted by High Court - Show the absence of judicial balance and restraint - Which a Judge is required to maintain - Impugned judgment of High Court set aside - Appeals allowed - No costs.
Topic(s)-Condonation of delay , Condone delay
Important Decision(s)- Delay of 3703 days - Courts do not enjoy unlimited and unbridled discretionary powers - Condone delay.