Condonation of Delay is Not a Matter of Right, but Judicial Discretion

The Supreme Court, in State of Odisha v. Managing Committee of Namatara Girls High School [2026: INSC:148], has reiterated that the condonation of delay cannot be claimed as a matter of right; rather, it remains entirely within the discretion of the Court.

The Statutory Framework

Under the Limitation Act, 1963, an appeal against a High Court decision must generally be filed within 90 days before the Supreme Court.

Any filing beyond this period requires the delay to be condoned under Section 5 of the Act, provided the appellant demonstrates sufficient cause.

Judicial Precedents

The Bench referred to the landmark decision in Commissioner of Wealth Tax, Bombay v. Amateur Riders Club, Bombay (1994 Supp (2) SCC 603). The Court described that case as a classic instance where the judiciary strongly deprecated the lack of promptitude shown by revenue authorities in filing appeals.

The Shifting Legal Landscape

The judicial approach is currently undergoing a significant evolution:

• The Earlier Stance: Historically, courts adopted a liberal view, often condoning delays in State-filed appeals to prioritize substantial justice over technicalities.
• The Modern Stance (2026): There is now a marked shift toward strict adherence to statutory limitation periods. The Court has signalled that the State cannot enjoy a special status and must meet the same standards of diligence as any other litigant.

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