HC sets aside order condoning 3 years’ delay in filing appeal on ground that case files were lost

The Punjab and Haryana High Court in the case Rohitash Yadav v. State of Haryana and Others observed and has slammed the Haryana government for paying no heed to the Limitation Act and causing inordinate delays in preferring appeals.

The single bench headed by Justice Deepak Gupta, wherein refusing to excuse

the government on the ground that the case file was lost during interdepartmental consultation.

The bench remarked that in large number of cases, the Government is seeking to condone the delay on the similar grounds. Despite of

the court giving the repeated directions and as well as the Hon’ble Apex Court

in plethora of authorities, wherein the same appears to be no change in the attitude of the State Government. The appeals filled were by the impunity of the Government with huge delays and delay is sought to

be condoned by assuming as if there is no statute like Limitation Act or under the assumption that application

for whatever delay, will be condoned by the Court.

However, the bench continued that even when the case is filled was said to have been lost by a particular official, no action was taken against him. Therefore, it has been stated simply

that file moved from one office to another for seeking opinion and then was lost

by one of the official, thus, the State cannot be allowed to file an appeal with delay of more than 3 years, without bringing on record any

fact as to the action taken against the erring officers or officials.

In the present case, the court was hearing a revision

petition against the order of Additional District Judge,

who had condoned a delay of 1066 days at the behest of the State in preferring

appeal against granting of decree of mandatory and of

perpetual injunction in favour of the petitioner herein.

In 2014, the suit was decreed by the Trial Court. In

December 2017, an appeal was filled by the State Of Haryana. It has been contended by the petitioner that this being nothing but a measure to harass him.

Therefore, the case of the State was that the delay was not intentional as case file was sent for recommendation to the Legal Remembrancer to the Government of Haryana and who has agreed with the opinion of

the District Attorney and directed the State to file

the appeal. The case was marked to the concerned official, who did not prepare the necessary papers regarding filing of the appeal and rather, he has lost the file – wherein causing the delay of 1066 days.