New Delhi: The discretion to condone delay in filing suits has to be exercised judiciously and if courts start condoning delay where no sufficient cause is made out, then that would amount to violation of statutory principles and showing utter disregard to legislature, the Supreme Court has said.
A bench of justices M R Shah and B V Nagarathna said 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.
The object of time limit is meant to see that the parties do not resort to dilatory tactics but avail their legal remedies promptly, it said.
"The discretion to condone the delay has to be exercised judiciously based on facts and circumstances of each case. It is further observed that the expression 'sufficient cause' cannot be liberally interpreted if negligence, inaction or lack of bona fides is attributed to the party.
"It is further observed that even though limitation may harshly affect rights of a party but it has to be applied with all its rigour when prescribed by statute," the bench said in a recent order.
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Condonation of delay is usually applied for the delay in filing suits or applications in the courts across the country.