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Supreme Court of India 2019-03-12 dismissed

ESTATE OFFR.HARYANA URBAN DEV.AUTH vs GOPI CHAND ATREJA

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Haryana Urban Development Authority (HUDA) filed a second appeal 1942 days (over 5 years) beyond the 90-day limitation period, seeking condonation of delay under Section 5 of the Limitation Act. The High Court rejected the condonation application, finding the delay inordinate and without sufficient cause. HUDA's legal department's failure to file timely was attributed to lawyer negligence. The Supreme Court upheld dismissal, holding that a statutory authority with established legal infrastructure and resources cannot blame lawyer negligence for such lengthy delay. The Court held administrative negligence is not 'sufficient cause' and that institutions must ensure timely filing or engage other counsel immediately.

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Civil Procedure Limitation Administrative Law

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