Facts
The petitioners filed a review petition seeking to challenge the order dated 09.01.2015 passed in Second Appeal No. 453/2004, which had dismissed their appeal
Source reference: para. 2Accompanying the review petition was I.A. No. 6215/2016, an application under Section 5 of the Limitation Act seeking condonation of a 428-day delay
Source reference: para. 1, 3The petitioners contended that the delay was due to a lack of communication from their counsel regarding the 2015 disposal, and they only became aware of the dismissal on 04.04.2016
Source reference: para. 3They further cited the petitioner’s illiteracy, age (50 years), and illness as grounds for the delay
Source reference: para. 3Issues
1. Whether the petitioners established "sufficient cause" under Section 5 of the Limitation Act to condone the delay of 428 days in filing the review petition
Source reference: para. 1, 5Law Applied
The Court relied on the principle that "delay defeats equity" and that legal remedies are for the vigilant, not those who slumber over their rights
Source reference: para. 6The courts cannot entertain stale claims based on mere equity as established in Pundlik Jalam Patil v. Executive Engineer, Jalgaon Medium Project (2008) and Majji Sannemma @ Sanyasirao v. Reddy Sridevi (2022)
Source reference: para. 6Administrative lethargy, laxity, or "frivolous and superficial grounds" do not constitute sufficient cause for condonation of delay as held in Shivamma (dead) by LRs v. Karnataka Housing Board (2025)
Source reference: para. 7, paras. 261-262 of cited textReasoning
The Court found the petitioners' justifications—specifically the lack of communication from counsel and personal circumstances like illiteracy—to be "merely administrative" and insufficient to explain the inordinate delay of 428 days
Source reference: para. 5The Court observed a lack of due diligence and failure to satisfactorily explain the timeline
Source reference: para. 5Constitutional courts must not "legitimize" callous attitudes toward limitation periods, as doing so leads to perpetual litigation and frustrates the finality of judicial decrees
Source reference: para. 7, paras. 262-263 of cited textSince the petitioners failed to demonstrate they acted with bona fides or remained vigilant, the delay could not be condoned
Source reference: para. 7, para. 261 of cited textHolding
The Court rejected I.A. No. 6215/2016, holding that the delay was not properly explained
The review petition was dismissed as time-barred
Source reference: para. 8No litigant should be permitted to misuse the process of law through lethargy
Source reference: para. 7, para. 264 of cited textOriginal Court PDF
Bhadaiya (Since Dead) Through His Lrs Widow Sudaur Wal@ VilsiyavsHeera Singh (Since Dead) Through Lrs Mus Rani Bahu @ Suraj
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