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Supreme Court of India 2024-04-03 dismissed

UNION OF INDIA & ANR vs JAHANGIR BYRAMJI JEEJEEBHOY

Bench: 2 — Aniruddha Bose, J.B. Pardiwala

In Brief

Union of India sought to restore a writ petition dismissed for non-prosecution over 12 years earlier and to condone the delay. The underlying dispute concerned a leased property in Pune where the tenant (Union) breached lease terms; a civil suit was filed for recovery, succeeded, and the tenant's appeals were rejected. The Supreme Court upheld the High Court's refusal to condone the delay, holding that while substantial justice matters, the rules of limitation serve vital public policy purposes. The excessive delay, combined with the appellant's lack of diligence, inconsistencies in affidavits, and refusal to cooperate with the court's suggestion to restore possession, demonstrated insufficient cause for condonation. The Court clarified that government departments enjoy no special exemption from the strict standards applied to private litigants in delay applications."

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Civil Procedure Limitation Condonation of Delay Supervisory Jurisdiction Lease and Tenancy Real Property Appeal

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