IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1922 OF 2011 (Arising out of SLP(C)No.14065 of 2008)

UNION OF INDIA & ORS. ... APPELLANT(S)

VERSUS

NRIPEN SARMA ... RESPONDENT(S)

O R D E R

Leave granted. We  have  heard  learned  Additional  Solicitor  General  and  

learned counsel for the respondent.

This  appeal emanates  from the  judgment of  the Division  

Bench of the Gauhati High Court (High Court of Assam, Nagaland,  

Meghalaya, Manipur, Tripura, Mizoram & Arunachal Pradesh) in Misc.  

Case No.1569 of 2007 in W.A.No.72020 of 2006.  The appeal filed by  

the  Union  of  India  was  dismissed  by  the  High  Court  because  of  

inordinate delay of 239 days.  The Division Bench of the High Court,  

while dismissing the appeal, has observed as under :

“We have gone through the contents of the petition.  The delay occurred because of the respondents took  their own sweet time to reach the conclusion whether  the judgment should be appealed or not.  It is not  that  they  were  prevented  by  any  reason  which  is  beyond their control to take such a decision in time.  Even otherwise, on merits of the case also it does  not appear to have any tenable ground of appeal. In  the circumstances, we do not see any merits in this  petition.”  

We  have  also  gone  through  the  condonation  of  delay  

application which was filed in the High Court.  In our considered  

view, the High Court was fully  justified   in dismissing the appeal  

: 2 :

on the ground of delay because no sufficient cause was shown for  

condoning the delay.

The appellant has preferred this appeal against the final  

judgment dated 10.09.2007 before this Court. This appeal is also  

barred  by  limitation  of  114  days.   There  is  no  satisfactory  

explanation for condonation of delay before this Court also.

The Union of India ought to have been careful particularly  

in  filing  this  Civil  Appeal  because  the  Division  Bench,  by  the  

impugned order, has dismissed the appeal before it on the ground of  

delay. It is a matter of deep anguish and distress that majority of  

the matters filed by the Union of India are hopelessly barred by  

limitation  and  no  satisfactory  explanations  exist  for  condoning  

inordinate delay in filing those cases.   

On  consideration  of  the  totality  of  the  facts  and  

circumstances,  we  are  constrained  to  dismiss  this  appeal  on  the  

ground of delay.  However, in the larger interest, we are keeping  

the question of law open.   

.....................J. (DALVEER BHANDARI)

.....................J. (DR. MUKUNDAKAM SHARMA)

NEW DELHI; 17TH FEBRUARY, 2011