By condoning long delay, rights of other parties are prejudiced: HC

CHENNAI: The Madras High Court had firmly held that the courts are not expected to condone the long delay in a mechanical manner as condoning a long delay would affect the rights of the parties.

“The Courts may take a lenient view by condoning the long delay in filing proceedings. In the event of condoning the long delay, the rights of the other parties are prejudiced and the other party, who secured the decree a few years back, cannot be in a position to contest the case after a long delay,” Justice SM Subramaniam held.

He further affirmed that the law of limitation cannot be diluted by condoning the enormous delay; wherein there are no sufficient reasons are furnished.

“Uncondonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit prescribed under the enactment,” the judge added.

The High Court made it clear that condoning the delay is an exception. “The Courts while exercising the powers of discretion expected to exercise judiciously and enormous delay in instituting the proceedings can be condoned only if the reasons are substantiated and acceptable. Insufficient reasons cannot be considered for the purpose of condoning the long delay,” Justice Subramaniam wrote.

The judge made the above observation on dismissing a Criminal Miscellaneous Petition (CMP) filed by TV Venkatasamy Chettiar. The CMP was to condone the delay of 1781 days in filing an appeal suit challenging the decree passed by District Judge II, Kancheepuram in 2018. However, the judge dismissed the case on the ground that there is no sufficient reason to condone the delay.