Period spent in pursuing review can be excluded in condonation of delay

2011 SCC OnLine MP 2412 : ILR 2011 MP 2326      J 2

Constitution, Article 226 — Writ petition — Justifiable excuse for delay in filing — Filing of a review and its pendency would be a justifiable excuse for delay, provided such review is permissible under the relevant service rules — A review application filed without any legal provision can not provide an excuse for delay or laches.

 

Suvarnalata v. Mohan Anandrao Deshmukh, (2010) 4 SCC 509 : (2010) 2 SCC (Civ) 203 : 2010 SCC OnLine SC 437 at page 511

12. As far as the prayer for condonation of delay in filing the special leave petition is concerned, we are of the view that sufficient grounds have been made out to condone such delay, particularly because a large portion of the delay was on account of the pendency of the review petition which had been filed against the judgment and order of the High Court dismissing her appeal. The delay in filing the special leave petition is, accordingly, condoned.

 

Ashok Kumar v. State of Bihar, (2008) 8 SCC 445 : 2008 SCC OnLine SC 770 at page 446

4. In our view, the High Court had fallen into error in not holding that the appellant had sufficiently explained why the writ petition could not be moved or why it was moved after 4 years of the decision of the State Government. Since the appellant had filed a representation/review of the decision of the State Government, it was expected by him that an order should be passed on the said representation/review. Therefore, in our view, the delay in moving the writ application against the decision of the State Government was sufficiently explained by the appellant and, therefore, the writ petition ought not to have been dismissed on the ground of delay and laches. Accordingly, we set aside the impugned orders of the Division Bench as well as of the learned Single Judge.

 

.B. Ramlingam v. R.B. Bhvaneswari, (2009) 2 SCC 689 : (2009) 1 SCC (Cri) 840 : (2009) 1 SCC (L&S) 535 : 2009 SCC OnLine SC 133 at page 691

7. For the aforestated reasons, we hold that in each and every case the court has to examine whether delay in filing the special leave petition stands properly explained. This is the basic test which needs to be applied. The true guide is whether the petitioner has acted with reasonable diligence in the prosecution of his appeal/petition. In exercise of discretion under Article 136 to decide whether delay should be condoned or not, this Court is not bound by considerations applicable to an appellate court but nonetheless general principles which would weigh with the appellate court in determining sufficient cause can be the guiding factor/guideline. Therefore, it cannot be stated as a proposition per se that the prosecution of review proceedings would not be a sufficient cause at all for the purposes of Section 5 of the Limitation Act, 1963.

 

 

2000 SCC OnLine SC 55

3. This appeal is directed against the judgment of the High Court in the writ petition dated 23-9-1997 and also the order passed in the review application dated 1-2-2000, dismissing the writ petition. There was delay in filing the SLPs because of the pendency of the review application. We therefore, condone the delay in filing of both the SLPs.