Excelsior Correspondent
SRINAGAR, Aug 9: High Court while dismissing the time barred appeal filed by the Health department today said fixing of time limit to approach the court is aimed at arresting dilatory tactics very often resorted to by the parties.
Justice Tashi Rabstan recorded in the judgment of dismissal against the department that its purpose and objective are to avail prompt legal remedy as the laws come to the assistance of the vigilant and not of the sleepy.
“Public interest undoubtedly is a paramount consideration in exercising the court’s discretion wherever conferred upon it by relevant statutes. Pursuing stale claims and multiplicity of proceedings in no manner sub-serves public interest”, Justice Tashi said.
Justice Tashi while dismissing the time barred appeal filed by the Health Department with regard to a Fair Price Medical Shop in south Kashmir’s Anantnag District said, the public interest parameters ought to be kept in mind by the courts while exercising discretion dealing with an application filed under Section 5 of the Limitation Act seeking condonation of delay in filing the case. “Dragging litigants to the Courts of law years after termination of legal proceedings would not serve any public interest”, the court added.
Justice Tashi has held that the fundamental principle is that the courts are required to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go by in the name of liberal approach.
If grounds, court added, made in application are fanciful, the courts should be vigilant not to expose other-side to unnecessarily face such litigation and the scope of facts is to be carefully scrutinized. Court on looking from all angles the time barred application said, it does not offer or give ‘sufficient cause’ to condone delay in filing the Appeal.
The judgement, which is sought to be challenged in the time barred appeal, was passed way back on 21st December 2017 and appellants (Health Department) has approached the High Court in June 2019.
“Application, on the face of it, does not show any ground muchless sufficient or cogent to condone a delay of 448 days. In such circumstances, application is liable to be dismissed” Justice Tashi concluded adding with “For all that stated and said above, I do not find any merit in the present application for condonation of delay, which deserves to be rejected and the same is, accordingly, dismissed. Resultantly, the Appeal shall also stand dismissed, being time barred”.
The reason for filing the appeal at a belated stage was that the department was required to collect records from various subordinate offices and also to obtain legal advice from the Department of Law, Justice and Parliamentary Affairs which has consumed time in filing the appeal.
It was stated before the court that the Law Department considered the matter on its merits and decided to challenge the judgement and sanction to file Appeal was given by Law Department vide in January 2019.
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