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2018 (3) TMI 1063 - HC - Indian LawsDelay in filing appeal - time limitation - Exemption from payment of court fee - whether the delay of 3 years and 192 days, in filing the appeal, ought to be condoned, or not? - Held that: - Not for nothing is the statute of limitation referred to as a statute of repose. Limitation, it is trite, does not eviscerate the right; it merely extinguishes the remedy. It serves to sheath the sword of Damocles and is, as such, imperative and unrelenting. Subject to the relaxations statutorily provided, periods of limitation cannot be ignored, thereby revitalising claims which have been put to sleep with the passage of time. Jurisprudentially, the concept of limitation“is founded on public policy that an unlimited and perpetual threat of litigation leads to disorder and confusion and creates insecurity and uncertainty.” The total delay on the part of the appellant, in preferring the present appeal, is 3 years and 192 days, which stands candidly admitted, by the appellant itself, in the present Miscellaneous Petition, filed by it for condonation thereof. That this delay is exorbitant, goes without saying - There is no justification or explanation advanced, which could convince us that, in the interests of justice, the delay of 3 years and 192 days, on the appellant’s part, deserves to be condoned. No ground, whatsoever, justifying condonation of the inordinate delay of 3 years and 192 days, on the part of the appellant in preferring the present appeal is made out - petition dismissed on the ground of delay.
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