Date: July 29, 2023

In a recent landmark ruling, the Supreme Court of India emphasized the adoption of a justice-oriented approach by courts when dealing with delay condonation applications. The court criticized the prevalent "iron-cast technical approach" and stressed the need for sensitivity to the litigants' plight.

The case in question, Raheem Shah vs. Govind Singh, involved an appeal that was dismissed by the lower Appellate Court on the ground of delay, despite the delay being only 52 days. The appellants contended that they were unaware of the judgment until a later date.

Citing the 1987 judgment in Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors., the Apex Court observed that the principle of a justice-oriented approach should be applied consistently across all courts. The court expressed concern over the prevailing insensitive approach that needlessly prolonged litigation and burdened the judicial hierarchy.

The Supreme Court bench in this case noted that had the lower Appellate Court adopted the justice-oriented approach, the litigation between the parties would likely have concluded much earlier, saving both time and resources.

Consequently, the Supreme Court restored the appeal to the file of the lower Appellate Court, ruling that the dismissal of the appeal solely based on a minor delay of 52 days was unjustified.

This judgment is expected to set a precedent for future delay condonation applications, emphasizing the significance of considering the circumstances of each case and promoting a more compassionate and equitable approach in the Indian judicial system.

Case Title: Raheem Shah vs Govind Singh 

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