SUPREME COURT: IN ABSENCE OF SPECIFIC TIME-LIMIT IN A STATUTE TO FILE APPEAL/PETITION BEFORE THE APPROPRIATE FORUM, THE SAME WOULD BE FILED WITHIN A REASONABLE TIME LIMIT. The sole question which falls under consideration is that when, an aggrieved person can apply before the Court, if no limitation is prescribed in the statute for filing an appeal before the appropriate forum and can an aggrieved person come before the court at his sweet will at any point of time? Supreme Court held, the answer must be in the negative. If no time-limit has been prescribed in a statute to apply before the appropriate forum, in that case, he has to come before the court within a reasonable time. This Court on a number of occasions, while dealing with the matter of similar nature held that where even no limitation has been prescribed, the petition must be filed within a reasonable time. In our considered opinion, the period of 9 years and 11 months, is nothing but an inordinate delay to pursue the remedy of a person and without submitting any cogent reason therefor. The court has no power to condone the same in such case. In these circumstances, we find it is difficult for us to uphold the decision of the High Court. We set aside the order passed by the High Court and allow the appeal. CIVIL APPEAL NO. 7921 OF 2013 (ARISING OUT OF SPECIAL LEAVE PETITION [C] NO.2991/2011)-DECIDED ON 10-9-2013. LONDHE PRAKASH BHAGWAN VERSUS DATTATRAYA EKNATH MANE & ORS
Posted on: Sun, 27 Jul 2014 10:15:00 +0000
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