Soven Mikir vs Sri Nalin Mikir Anr 9 Ors on 5 May, 2026

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    Gauhati High Court

    Soven Mikir vs Sri Nalin Mikir Anr 9 Ors on 5 May, 2026

                                                                      Page No.# 1/22
    
    GAHC010205302025
    
    
    
    
                                                                 2026:GAU-AS:6214
    
                           THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                             Case No. : I.A.(Civil)/3036/2025
    
             SOVEN MIKIR
             S/O LATE KANTIRAM MIKIR, R/O VILL. BETKUCHI (KHEPINIJAL),
             GUWAHATI 781034, ASSAM.
    
    
    
             VERSUS
    
             SRI NALIN MIKIR ANR 9 ORS
             S/O LATE BOLO RAM MIKIR, VILL. KHEPANIJAL (BETKUCHI), P.S.
             GORCHUK, GUWAHATI 34, DIST. KAMRUP (M), GUWAHATI.
    
             2:SRI MUNINDRA MIKIR
              S/O LATE BOLO RAM MIKIR
             VILLAGEKHEPANIJAL (BETKUCHI)
              P.SGORCHUK
              GUWAHATI-34
              DISTKAMRUP(M)
              GUWAHATI
    
             3:SMTI RANGMILI MIKIR
              S/O LATE BOLO RAM MIKIR
             VILLAGEKHEPANIJAL (BETKUCHI)
              P.SGORCHUK
              GUWAHATI-34
              DISTKAMRUP(M)
              GUWAHATI
    
             4:THE KHEPANIJAL GAON UNNAYAN SAMITEE
             VILLAGEKHEPANIJAL (BETKUCHI) P.SGARCHUK
              GUWAHATI-34
              DISTRICT-KAMRUP(M)
              GUWAHAT
                                                        Page No.# 2/22
    
    5:SRI JOGEN BEY
     S/O DEBARAM BEY
     SECRETARY OF KHEPANIJAL GAON UNAYAN SAMITTEE
    VILLAGE- KHEPANIJAL (BETKUCHI)
     P.S-GORCHUK
     GUWAHATI-34
     DISTKAMRUP(M)
     GUWAHATI
    
    6:SRI DHARMESWAR TUMUNG
     EX-PRESIDENT OF KHEPANIJAL UNNAYAN SAMITTEE
    VILLAGEKHEPANIJAL (BETKUCHI)
     P.SGORCHUK
     GUWAHATI-34
     DISTKAMRUP(M)
     GUWAHATI.
    
    7:SRI GAJEN BEY
    
    S/O PUTI RAM BEY
    EX-SECRETARY OF KHAPANIJAL GAON UNNAYAN SAMITTEE
    VILLAGE- KHAPANIJAL (BETKUCHI)
    P.S-GORCHUK
    GUWAHATI-34
    DISTKAMRUP(M)
    GUWAHATI.
    
    8:SRI PULIN MIKIR
     S/O LATE JON MIKIR
    VILLAGE- KHEPANIJAL (BETKUCHI)
     P.S-GORCHUK
     GUWAHATI-34
     DIST.- KAMRUP(M)
     GUWAHATI.
    
    9:SRI INDRA MIKIR
     S/O LATE JON MIKIR
    VILLAGE- KHEPANIJAL (BETKUCHI)
     P.S-GORCHUK
     GUWAHATI-34
     DIST.- KAMRUP(M)
     GUWAHATI
    
    10:SMTI BENU MIKIR
     D/O LATE SUTI RAM MIKIR
    VILLAGE KHEPANIJAL (BETKUCHI)
     P.S-GORCHUK
     GUWAHATI-34
                                                                               Page No.# 3/22
    
                 DISTKAMRUP(M)
                 GUWAHATI
    
    Advocate for the Petitioner   : MR. B D DEKA, MR. A BHATRA,MR. A DEKA,N
    CHAUDHURY,MR. M DAS
    
    Advocate for the Respondent : MR D TALUKDAR (R-1 TO 7), MR A UPADHYAY (R-8,9,10),MS.
    JYOTI CHETRY (R-8,9,10),MR P UPADHYAY (R-8,9,10),MR P CHOWDHURY(R-1 TO 7)
    
    
    
    
                                       BEFORE
                          HONOURABLE MR. JUSTICE ROBIN PHUKAN
    
                                             ORDER
    

    Date : 05-05-2026

    Heard Mr. B.D. Deka, learned counsel for the applicant and Mr. P.
    Chowdhury, learned counsel for the opposite party Nos. 1 to 7.

    SPONSORED

    2. This application, under Section 5 of the Limitation Act, 1965 is preferred
    by the applicant for condoning delay of 218 days in preferring the review
    petition, under Chapter X of the Gauhati High Court Rules, read with Order
    XLVII Rule 1 & 2 of the CPC, against the judgment and order dated 20.12.2024,
    passed by this Court in Regular First Appeal, herein after RFA No. 82/2018.

    3. Mr. Deka, learned counsel for the applicant submits that the applicant has
    preferred a review petition, under Chapter X of the Gauhati High Court Rules,
    read with Order XLVII Rule 1 & 2 of the CPC, for reviewing the judgment and
    order dated 20.12.2024, passed by this Court in RFA No. 82/2018. Mr. Deka also
    submits that the present applicant is a necessary party in the RFA No. 82/2018.

    3.1. Mr. Deka further submits that during the pendency of the RFA, the present
    opposite party Nos. 1 – 7 filed an interlocutory application, being I.A.(Civil) No.
    4078/2019, for impleadment of the defendant Nos. 1, 2 & 3 of the Title Suit No.
    Page No.# 4/22

    277/2013, in the RFA, including the present applicant, as necessary party and
    this Court, vide order dated 02.12.2019, was pleased to issue notice to the
    defendant Nos. 1, 2 & 3, including the present applicant and on receipt of the
    notice, the applicant entered appearance in the said IA. But, the same was
    closed on 20.12.2024, for not being pressed.

    3.2. Mr. Deka also submits that the present applicant was not aware about the
    judgment and order, passed by this court on 20.12.2024, in the aforementioned
    RFA and also about closing of the aforesaid IA on 20.12.2024 and that the same
    came to the knowledge of the applicant only on 01.04.2025, when he contacted
    with the Advocate to inquire about the outcome of the said IA. Thereafter, the
    applicant had contacted with the local counsel and also one counsel of the
    Hon’ble Supreme Court. Then, as per advice of the counsel of the Hon’ble
    Supreme Court, one Special Leave Petition, being SLP (Civil) No. 7498/2025,
    was filed before the Hon’ble Supreme Court. But, the same was dismissed on
    withdrawal on 25.07.2025. Thereafter, the applicant had applied for the order of
    the said SLP on 29.07.2025, but he received the same on 08.08.2025. Then, he
    engaged one counsel to prepare the review petition for being filed before this
    Court and the said counsel took 16 days time to prepare the same from the date
    of the pronouncement of the judgment and order in the aforementioned RFA
    and in that process, 218 days delay have been occurred, but there is no delay
    from the date of the order of dismissal of the SLP. Mr. Deka also submits that
    the delay is not intentional rather it is circumstantial and that the applicant has
    a good case and the same may be heard on merit. Otherwise the applicant
    would suffer serious prejudice.

    3.3. Under the above mentioned circumstances, Mr. Deka has contended to
    allow this application.

    Page No.# 5/22

    4. Per-contra, Mr. Chowdhury, learned counsel for the opposite party Nos. 1 –
    7, has vehemently opposed the application. His contention is that the applicant
    has suppressed material facts and pointed out that the applicant had made a
    false statement before the Hon’ble Supreme Court to the effect that he was
    inadvertently not arrayed as a Respondent in the RFA No. 82 of 2018, and the
    same is an incorrect statement made before the Hon’ble Supreme Court on
    oath.

    4.1. Mr. Chouwdhury has pointed out that this Court while hearing the RFA No.
    82 of 2018, vide order dated 26.11.2019 (ANNEXURE-R-2_ had directed the
    learned counsel for these respondents to examine as to whether the defendant
    Nos. 1, 2 and 3 was required to be impleaded in the R.F.A. No. 82 of 2018, filed
    by the present respondents. Mr. Chowdhury also submits that the defendant
    Nos. 1 to 3 were not made respondents in the RFA as the present respondents
    did not claim any reliefs against the Defendant Nos. 1, 2 and 3 before this
    Court. Then the respondents herein on the basis of the directions of this Court
    had filed an application (ANNEXURE-R-3), under Order 1 Rule 10 (2) read with
    Section 151 of the C.P.C., 1908, on 27.11.2019, for impleading the defendant
    Nos. 1, 2 and 3 in T.S. No. 277 of 2013 in the R.F.A. No. 82 of 2018, upon which
    I.A. (C) No. 4078 of 2019 in R.F.A. No. 82 of 2018, was registered.

    4.2. It is the further submission of Mr. Chowdhury that the respondent herein
    also, along with the present application filed an amended Memo of Appeal
    wherein the defendant Nos. 1, 2 and 3 were made as respondent Nos. 4, 5 and
    6 in R.F.A. No. 82 of 2018. The present applicant who was arrayed as defendant
    No.3 in the Suit was arrayed as respondent No.6. in the R.F.A. No. 82 of 2018.
    The Applicant is totally silent about the Orders passed in I.A. (C) No. 4078 of
    2019 before the Hon’ble Supreme Court. Then this court vide order dated
    Page No.# 6/22

    02.12.2019 in (C) No. 4078 of 2019 in R.F.A. No. 82 of 2018 had issued show
    cause notices to the defendant Nos. 1, 2 and 3 as respondent Nos. 4, 5 and 6
    respectively.

    4.3. Mr. Chowdhury also pointed it out that then as directed the respondents
    had effect service of notice by dasti mode upon them as respondent Nos. 4 to 6
    respectively. Then the impleaded respondents including defendant
    No.3/respondent No.6 (RFA No.82 of 2018), the present applicant had filed his
    Vakalatnama (ANNEXURE-R-7) before this Court on 24.02.2020. And as the
    impleaded respondents including the present applicant are being represented by
    their Advocates, it was for this reason the present respondents did not press the
    I.A. No. 4078 of 2019 in R.F.A. No. 82 of 2018 on 20.12.2024 as the relief
    sought for in the said application had materialised in the R.F.A. No.82 of 2018.
    Further the Order dated 20.12.2024 passed by this Hon’ble Court in I.A. No.
    4078 of 2019 in R.F.A. No. 82 of 2018 had showed that the said Respondent
    No.6/present Applicant, namelyn Souven Mikir had been represented by his
    Advocate in the proceeding of RFA No. 82 of 2018.

    4.4. It is the further submission of Mr. Chowdhury that the applicant, thus, has
    not moved to this Court with clean hands and he is guilty of suppressing
    material fact and thereby, projecting false picture before this Court and also
    before the Hon’ble Supreme Court and on such count, the applicant is not
    entitled to any equitable relief from this Court.

    4.5. Mr. Chowdhury also submits that the contentions made in paragraph Nos.
    3 – 6 of the present application are incorrect and misleading. He further submits
    that Hon’ble Supreme Court did not condone the delay of 110 days in filing the
    SLP (Civil) No. 7498/2025 and that the order of the SLP was passed on
    25.07.2025 and the same was uploaded in the official website of the Hon’ble
    Page No.# 7/22

    Supreme Court on the same day and the certified copy of the said order was
    available on the same day after it was being uploaded and that the applicant
    received the certified copy of the same on 08.08.2025, from his counsel at Delhi
    cannot be said to be properly explained.

    4.6. Mr. Chowdhury further submits that the averments made in the remaining
    paragraphs are also incorrect and misleading and under such circumstances, he
    has contended to dismiss this petition.

    4.7. Mr. Chowdhury has also referred to a decision of a co-ordinate bench of
    this Court, in the case of Union of India (Railways) vs. Manipur Tea
    Trading Company, reported in 2008 (4) GLT 897, to contend that
    condonation of delay in filing review petition is discretionary and it should be
    exercised only when there are reasonable explanations or sufficient cause and
    the same is to be decided on the facts and circumstances of the given case.

    4.9. Referring to another decision of Hon’ble Supreme Court, in the case of
    Commissioner of Wealth Tax, Bombay vs. Amateur Riders Club,
    Bombay
    , reported in 1994 Supp (2) Supreme Court Cases 603, Mr.
    Chowdhury submits that the applicant must furnish judicially reasonable
    grounds for condonation of delay and as the applicant herein has failed to
    explain the delay, the same cannot be condoned to the prejudice of the
    respondent herein. Therefore, he has contended to dismiss the application.

    5. Having heard the submissions of learned counsel for both the parties, this
    Court has carefully gone through the petition as well as the documents placed
    on record and has also perused the decisions referred by Mr. Chowdhury,
    learned counsel for the opposite party Nos. 1 – 7.

    6. It appears that the judgment in RFA was passed on 20.12.2024 and the
    Page No.# 8/22

    Review Petition was filed on 26.08.2025. The Registry, as directed has
    calculated the delay as under:-

             Sl. No.    Months                              Days
             01.        December, 2024                      11 days
             02.        January, 2024                       31 days
             03.        February, 2024                      28 days
             04.        March, 2025                         31 days
             05.        April, 2025                         30 days
             06.        May, 2025                           31 days
             07.        June, 2025                          30 days
             08.        July, 2025                          31 days
             09.        August, 2015                        22 days(preceding 3 days
                                                            being holidays
                             Total                          245 days
                           Limitation                       30 days
             Delay in filing Review Petition                215 days (245-30 = 215)
    
    
    

    6.1. Further, the steps taken by the applicant on different dates indicated in
    the chart below:-

              Sl. No.    Relevant dates        Activities
    
              01.        20.12.2024            Judgment in RFA delivered and I.A. for
                                               impleadment closed
              02.        01.04.2025            Applicant came to know about the outcome
                                               of the case when enquired about the same
                                               from his counsel
              03.        24.04.2025            SLP (Civil) No. 7498/2025 filed in Supreme
                                               Court
              04.        25.07.2025            SLP dismissed on withdrawal
              05.        29.07.2025            Applicant applied for the order of the SLP
                                               on 29.07.2025
              06.        08.08.2025            Received certified copy
              07.        26.08.2025            Review petition filed
    
    
    

    7. It is to be noted here that in the case of Manipur Tea Trading Company
    Page No.# 9/22

    (supra), a Coordinate Bench of this Court has held that it is well settled
    proposition of law that question as to whether or not there is sufficient cause or
    reasonable explanation for condonation of delay, the same is to be decided on
    the facts and circumstances of a given case and that the power to extend the
    prescribed period of limitation, on the concerned application, is a discretionary
    one and could be exercised only when there are reasonable explanations or
    sufficient cause as contemplated under Section 5 of the Limitation Act.

    7.1 Further, Hon’ble Supreme Court, in several earlier cases, has laid down the
    principles for condonation of delay and the same are discussed herein below:-

    7.2. In the Case of Collector, Land Acquisition, Anantnag and Anr.

    vs. Mst. Katiji and Others, reported in (1987) 2 SCC 107, has observed
    as under:-

    “3. The legislature has conferred the power to condone delay
    by enacting Section 5 of the Indian Limitation Act of 1963
    in order to enable the courts to do substantial justice to
    parties by disposing of matters on “merits”. The expression
    “sufficient cause” employed by the legislature is
    adequately elastic to enable the courts to apply the law in
    a meaningful manner which sub-serves the ends of justice –
    that being the life purpose for the existence of the
    institution of courts. It is common knowledge that this
    Court has been making a justifiably liberal approach in
    matters instituted in this Court. But the message does not
    appear to have percolated down to all the other courts in
    the hierarchy, and such a liberal approach is adopted on
    principle as it is realized that:

    1. Ordinarily a litigant does not stand to benefit
    by lodging an appeal late.

    2. Refusing to condone delay can result in a
    Page No.# 10/22

    meritorious matter being thrown out at the very
    threshold and cause of justice being defeated. As
    against this when delay is condoned the highest that
    can happen is that a cause would be decided on merits
    after hearing the parties.

    3. “Every day’s delay must be explained” does not
    mean that a pedantic approach should be made. Why not
    every hour’s delay, every second’s delay? The
    doctrine must be applied in a rational common sense
    pragmatic manner.

    4. When substantial justice and technical
    considerations are pitted against each other, cause
    of substantial justice deserves to be preferred for
    the other side cannot claim to have vested right in
    injustice being done because of a non deliberate
    delay.

    5. There is no presumption that delay is occasioned
    deliberately, or on account of culpable negligence,
    or on account of mala fides. A litigant does not
    stand to benefit by resorting to delay. In fact he
    runs a serious risk.

    6. It must be grasped that judiciary is respected
    not on account of its power to legalize injustice on
    technical grounds but because it is capable of
    removing injustice and is expected to do so.

    Making a justice-oriented approach from this
    perspective, there was sufficient cause for condoning
    the delay in the institution of the appeal. The fact
    that it was the “State” which was seeking condonation
    and not a private party was altogether irrelevant.

    The doctrine of equality before law demands that all
    litigants, including the State as a litigant, are
    accorded the same treatment and the law is
    administered in an even-handed manner. There is no
    warrant for according a step-motherly treatment when
    Page No.# 11/22

    the “State” is the applicant praying for condonation
    of delay. In fact experience shows that on account of
    an impersonal machinery (no one in charge of the
    matter is directly hit or hurt by the judgment sought
    to be subjected to appeal) and the inherited
    bureaucratic methodology imbued with the note-making,
    file-pushing and passing-on-the-buck ethos, delay on
    its part is less difficult to understand though more
    difficult to approve. In any event, the State which
    represents the collective cause of the community does
    not deserve a litigant-non-grata status. The courts
    therefore have to be informed with the spirit and
    philosophy of the provision in the course of the
    interpretation of the expression “sufficient cause”.
    So also the same approach has to be evidenced in its
    application to matters at hand with the end in view
    to do even- handed justice on merits in preference to
    the approach which scuttles a decision on
    merits.————-”

    7.3. Again in the case of N. Balakrishnan vs. M. Krishnamurthy;
    reported in (1998) 7 SCC 123, Hon’ble Supreme Court went a step further and
    made the following observations:-

    “It is axiomatic that condonation of delay is a matter
    of discretion of the court. Section 5 of the
    Limitation Act does not say that such discretion can
    be exercised only if the delay is within a certain
    limit. Length of delay is no matter; acceptability of
    the explanation is the only criterion. Sometimes
    delay of the shortest range may be un-condonable due
    to a want of acceptable explanation whereas in
    certain other cases, delay of a very long range can
    be condoned as the explanation thereof is
    Page No.# 12/22

    satisfactory. Once the court accepts the explanation
    as sufficient, it is the result of positive exercise
    of discretion and normally the superior court should
    not disturb such finding, much less in revisional
    jurisdiction, unless the exercise of discretion was
    on wholly untenable grounds or arbitrary or perverse.
    But it is a different matter when the first court
    refuses to condone the delay. In such cases, the
    superior court would be free to consider the cause
    shown for the delay afresh and it is open to such
    superior court to come to its own finding even
    untrammelled by the conclusion of the lower court.

    Rules of limitation are not meant to destroy the
    rights of parties. They are meant to see that parties
    do not resort to dilatory tactics, but seek their
    remedy promptly. The object of providing a legal
    remedy is to repair the damage caused by reason of
    legal injury. The law of limitation fixes a lifespan
    for such legal remedy for the redress of the legal
    injury so suffered. Time is precious and wasted time
    would never revisit. During the efflux of time, newer
    causes would sprout up necessitating newer persons to
    seek legal remedy by approaching the courts. So a
    lifespan must be fixed for each remedy. Unending
    period for launching the remedy may lead to unending
    uncertainty and consequential anarchy. The law of
    limitation is thus founded on public policy. It is
    enshrined in the maxim interest reipublicae up sit
    finis litium (it is for the general welfare that a
    period be put to litigation). Rules of limitation are
    not meant to destroy the rights of the parties. They
    are meant to see that parties do not resort to
    dilatory tactics but seek their remedy promptly. The
    idea is that every legal remedy must be kept alive
    for a legislatively fixed period of time.

    Page No.# 13/22

    It must be remembered that in every case of delay,
    there can be some lapse on the part of the litigant
    concerned. That alone is not enough to turn down his
    plea and to shut the door against him. If the
    explanation does not smack of mala fides or it is not
    put forth as part of a dilatory strategy, the court
    must show utmost consideration to the suitor. But
    when there is reasonable ground to think that the
    delay was occasioned by the party deliberately to
    gain time, then the court should lean against
    acceptance of the explanation. While condoning the
    delay, the court should not forget the opposite party
    altogether. It must be borne in mind that he is a
    loser and he too would have incurred quite large
    litigation expenses. It would be a salutary guideline
    that when courts condone the delay due to laches on
    the part of the applicant, the court shall compensate
    the opposite party for his loss.”

    7.4. In the case of Esha Bhattacharjee Vs. Managing Committee of
    Raghunathpur Nafar Academy & Others
    , reported in (2013) 12 SCC 649,
    Hon’ble Supreme Court, referring to earlier authorities, broadly culled out the
    principles of condonation of delay as under:-

    “21.1.i) There should be a liberal, pragmatic, justice-

    oriented, non- pedantic approach while dealing
    with an application for condonation of delay,
    for the courts are not supposed to legalise
    injustice but are obliged to remove injustice.

    ii) The terms “sufficient cause” should be
    understood in their proper spirit, philosophy
    and purpose regard being had to the fact that
    these terms are basically elastic and are to be
    applied in proper perspective to the obtaining
    Page No.# 14/22

    fact- situation.

    iii) Substantial justice being paramount and pivotal
    the technical considerations should not be
    given undue and uncalled for emphasis.

    iv) No presumption can be attached to deliberate
    causation of delay but, gross negligence on the
    part of the counsel or litigant is to be taken
    note of.

    v) Lack of bona fides imputable to a party seeking
    condonation of delay is a significant and
    relevant fact.

    vi) It is to be kept in mind that adherence to
    strict proof should not affect public justice
    and cause public mischief because the courts are
    required to be vigilant so that in the ultimate
    eventuate there is no real failure of justice.

    vii) The concept of liberal approach has to encapsule
    the conception of reasonableness and it cannot
    be allowed a totally unfettered free play.

    viii) There is a distinction between inordinate delay
    and a delay of short duration or few days, for
    to the former doctrine of prejudice is attracted
    whereas to the latter it may not be attracted.

    That apart, the first one warrants strict
    approach whereas the second calls for a liberal
    delineation.

    ix) The conduct, behaviour and attitude of a party
    relating to its inaction or negligence are
    relevant factors to be taken into consideration.

    It is so as the fundamental principle is that
    the courts are required to weigh the scale of
    Page No.# 15/22

    balance of justice in respect of both parties
    and the said principle cannot be given a total
    go by in the name of liberal approach.

    x) If the explanation offered is concocted or the
    grounds urged in the application are fanciful,
    the courts should be vigilant not to expose the
    other side unnecessarily to face such a
    litigation.

    xi) It is to be borne in mind that no one gets away
    with fraud, misrepresentation or interpolation
    by taking recourse to the technicalities of law
    of limitation.

    xii) The entire gamut of facts are to be carefully
    scrutinized and the approach should be based on
    the paradigm of judicial discretion which is
    founded on objective reasoning and not on
    individual perception.

    Xiii) The State or a public body or an entity
    representing a collective cause should be given
    some acceptable latitude.

    7.5. In addition to aforesaid principles, Hon’ble Supreme Court also added
    some more guidelines taking note of the present day scenario, in the aforesaid
    case and these are: –

    “a) An application for condonation of delay should be
    drafted with careful concern and not in a half hazard
    manner harbouring the notion that the courts are
    required to condone delay on the bedrock of the
    principle that adjudication of a lis on merits is
    seminal to justice dispensation system.

    b) An application for condonation of delay should not be
    dealt with in a routine manner on the base of
    Page No.# 16/22

    individual philosophy which is basically subjective.

    c) Though no precise formula can be laid down regard
    being had to the concept of judicial discretion, yet
    a conscious effort for achieving consistency and
    collegiality of the adjudicatory system should be
    made as that is the ultimate institutional motto.

    d) The increasing tendency to perceive delay as a non-

    serious matter and, hence, lackadaisical propensity
    can be exhibited in a non-challant manner requires to
    be curbed, of course, within legal parameters.

    7.6. Again in the case of Pundlik Jalam Patil (supra), while dealing with
    the issue of condonation of delay, Hon’ble Supreme Court has held as under:-

    “29. It needs no restatement at our hands that the
    object for fixing time-limit for litigation is based
    on public policy fixing a lifespan for legal remedy
    for the purpose of general welfare. They are meant to
    see that the parties do not resort to dilatory
    tactics but avail their legal remedies promptly.
    Salmond in his Jurisprudence states that the laws
    come to the assistance of the vigilant and not of the
    sleepy.

    30. Public interest undoubtedly is a paramount
    consideration in exercising the courts’ discretion
    wherever conferred upon it by the relevant statutes.
    Pursuing stale claims and multiplicity of proceedings
    in no manner sub-serves public interest. Prompt and
    timely payment of compensation to the land losers
    facilitating their rehabilitation/ resettlement is
    equally an integral part of public policy. Public
    interest demands that the State or the beneficiary of
    acquisition, as the case may be, should not be
    allowed to indulge in any act to unsettle the settled
    legal rights accrued in law by resorting to avoidable
    litigation unless the claimants are guilty of
    Page No.# 17/22

    deriving benefit to which they are otherwise not
    entitled, in any fraudulent manner. One should not
    forget the basic fact that what is acquired is not
    the land but the livelihood of the land losers. These
    public interest parameters ought to be kept in mind
    by the courts while exercising the discretion dealing
    with the application filed under Section 5 of the
    Limitation Act. Dragging the land losers to courts of
    law years after the termination of legal proceedings
    would not serve any public interest. Settled rights
    cannot be lightly interfered with by condoning
    inordinate delay without there being any proper
    explanation of such delay on the ground of
    involvement of public revenue. It serves no public
    interest.

    31. It is true that when the State and its
    instrumentalities are the applicants seeking
    condonation of delay they may be entitled to certain
    amount of latitude but the law of limitation is same
    for citizen and for governmental authorities. The
    Limitation Act
    does not provide for a different
    period to the Government in filing appeals or
    applications as such. It would be a different matter
    where the Government makes out a case where public
    interest was shown to have suffered owing to acts of
    fraud or collusion on the part of its officers or
    agents and where the officers were clearly at cross
    purposes with it. In a given case if any such facts
    are pleaded or proved they cannot be excluded from
    consideration and those factors may go into the
    judicial verdict. In the present case, no such facts
    are pleaded and proved though a feeble attempt by the
    learned counsel for the respondent was made to
    suggest collusion and fraud but without any basis. We
    cannot entertain the submission made across the Bar
    without there being any proper foundation in the
    pleadings.”

    8. The legal proposition, which can be crystallized from the aforesaid
    Page No.# 18/22

    decisions and discussion, is that courts are not supposed to legalize injustice,
    but are obliged to remove injustice. Therefore, liberal, pragmatic, justice-
    oriented, non- pedantic approach has to be adopted while dealing with an
    application for condonation of delay if ‘sufficient cause’ is being shown. The
    terms ‘sufficient cause’ should be understood in their proper spirit, philosophy
    and purpose and having regard to the fact that these terms are basically elastic
    and are to be applied in proper perspective to the obtaining fact- situation. The
    paramount and pivotal consideration is substantial justice; the technical
    considerations should not be given undue and uncalled for emphasis. In respect
    of deliberate causation of delay the presumption is not available but, gross
    negligence on the part of the counsel or litigant is to be taken note of, besides
    lack of bona-fides imputable to a party seeking condonation of delay, which is a
    significant and relevant fact. The courts should not adhere to strict proof, but
    are required to be vigilant so that there is no real failure of justice. The
    approach of the court must be liberal but at the same time it must be
    reasonable also. In case of inordinate delay, a strict approach is required to be
    taken while in case of delay of short duration, a liberal delineation is required.
    The fundamental principle, being weighing the scale of balance of justice in
    respect of both parties and the said principle cannot be given a total go by in
    the name of liberal approach. While condoning delay the conduct, behaviour
    and attitude of a party relating to its inaction or negligence are relevant factors
    to be taken into consideration. In the case of the explanation, being offered is
    concocted or the grounds urged in the application are fanciful, the courts should
    be vigilant not to expose the other side unnecessarily to face such litigation. The
    entire gamuts of facts are to be carefully scrutinized and the approach should
    be based on the paradigm of judicial discretion which is founded on objective
    Page No.# 19/22

    reasoning and not on individual perception. The State or a public body or an
    entity, representing a collective cause, should be given some acceptable
    latitude. But, the law of limitation is same for citizen and for governmental
    authorities.

    9. Thus, having informed ourselves about the proposition of law presently
    holding the field in respect of condonation of delay, now an endeavour will be
    made how far the applicant has been able to explain the delay of in preferring
    the connected review petition.

    10. It is not in dispute that this Court has pronounced the judgment in RFA
    No. 82/2018 on 20.12.2024. It is also not in dispute that the period of limitation
    for filing a review petition is 30 days. And from the calculation sheet of the
    Registry at in para No. 6, herein above, that total delay is 245 days. And after
    deducting 30 days the period, which the applicant is entitled to, the period
    remained is 215 days are required to be explained by the applicant. And even
    for the sake of argument and as contention of the supplicant, if we deduct the
    period of pendency of the SLP before the Hon’ble Supreme Court from the date
    of filing on 24.04.2025 till 25 07.2025, on which the same was dismissed, then
    also from the there is delay of 129 days, which the applicant herein has to
    explain in the present application.

    10.1. Now, it is to be seen how the applicant has explained this much of delay.
    From the statements and averments made in the application and also from the
    submission of Mr. Deka, learned counsel for the applicant, it appears that
    though the judgment of the RFA was pronounced on 20.12.2024, the applicant
    came to know about the same only on 01.04.2025, when he inquired about the
    Page No.# 20/22

    outcome of the said RFA from his counsel. Thereafter, he preferred one SLP
    before the Hon’ble Supreme Court. But, the same came to be dismissed on
    25.07.2025. And as per submission of Mr. Deka, the certified copy of the said
    order was issued on 29.07.2025, and it was sent to the applicant by his counsel
    from Delhi to Guwahati and he received the same only on 08.08.2025. But, in
    support of the aforesaid contentions, the applicant had failed to produce any
    supporting document.

    10.2. Though the applicant and his counsel has contended that he had received
    the certified copy of the order of Hon’ble Supreme Court on 08.08.2025, and his
    counsel started to prepare the review petition on 09.08.2025 and took 16 days
    time to file the same before this Court and from the date of dismissal of his SLP,
    on 25.07.2025 there is no delay, as the review petition was filed on 35.08.2025,
    yet this contention of Mr. Deka left this Court unimpressed as pointed it out by
    Mr. Chowdhury, learned counsel for the opposite party Nos. 1 – 7 that Hon’ble
    Supreme Court has never condoned the delay in filing the SLP. Article 124 of the
    Limitation Act provides that the period of limitation in filing the review petition is
    30 days. And the period has to be counted from the date of pronouncement of
    the judgment or order.

    10.3. As pointed out by Mr. Chowdhury, the learned counsel for the respondent,
    it appears that the applicant had made a false statement before the Hon’ble
    Supreme Court. He stated that he was inadvertently not arrayed as a
    Respondent in the RFA No. 82 of 2018. Thus, it appears that the applicant has
    not approached the Court with clean hands. It is the categorical submission of
    Mr. Chowdhury that the applicant is guilty of suppressing material fact and
    thereby, projecting false picture before this Court and on such count, the
    Page No.# 21/22

    applicant is not entitled to any equitable relief from this Court. There appears to
    be considerable force in the submission of Chowdhury.

    11. It is apparent from the facts and circumstances placed on record that in
    the said RFA, the respondent herein, as per direction of this court has filed one
    IA for the impleadment of defendant No.1, 2 and 3 and this Court, vide order
    dated 02.12.2019, issued notice to the defendant No. 1, 2 and 3 and the
    defendant No.3, the present applicant had entered appearance by filing his
    Vakalatnama (ANNEXURE-R-7) before this Court on 24.02.2020. And as the
    impleaded respondents including the present applicant, are being represented
    by their Advocate the said I.A. was not pressed for which, on 20.12.2024, the
    same was closed. These facts were suppressed by the applicant before the
    Hon’ble Supreme Court and he had projected a false picture before the Hon’ble
    Supreme Court and also before this court on such count, the applicant is not
    entitled to any equitable relief from this Court.

    12. Thus, it appears that the applicant herein has demonstrated lackadaisical
    propensity and that too in a non-challant manner towards the I.A. and also in
    filing the review petition. There is gross negligence on his part, besides there is
    also lack of bona fides, which is a very significant and relevant fact. Even
    without adhering to strict proof, also it cannot be said that the delay is
    satisfactorily explained. Whatever ground the applicant has assigned is deemed
    unreasonable. Under such circumstances is the delay is condoned by taking a
    liberal approach then there will be failure of justice.

    13. Further, it appears that he has suppressed some material facts and
    approached this Court with unclean hands seeking equitable relief which is not
    at all permissible. Even if there is merit in the petition, as submitted by Mr.
    Page No.# 22/22

    Deka, learned counsel for the applicant, his approach to this court with unclean
    hands, override the same.

    14. Thus, applying the proposition of law in respect of condonation of delay,
    as discussed and crystallized in para No.8, herein above, to the given facts and
    circumstances of the present case, this Court find that the applicant herein has
    failed to furnish judicially acceptable grounds for the delay of 139 days in filing
    the review petition, with I.A. for delay condonation.

    15. In the result, this court finds this application devoid of substance and
    accordingly the same stands dismissed, leaving the parties to bear their own
    costs.

    JUDGE

    Comparing Assistant

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