HC
Delhi High Court Refuses to Restore 1988 Appeal After 6,290-Day Delay
Nyayavat • Published • Updated • 3 min read
The Delhi High Court has reiterated that litigants must themselves remain reasonably diligent in pursuing proceedings and cannot rely indefinitely on loss of contact with counsel.
An extraordinary delay
The underlying appeal had been filed in 1988 and was dismissed for non-prosecution in 2002. The restoration application reached the Court after a delay of 6,290 days, exceeding seventeen years.
The applicant attributed the delay substantially to loss of contact with the lawyer who had previously handled the matter.
Why the explanation failed
Justice Manoj Kumar Ohri held that such an explanation did not amount to sufficient cause for an extraordinary period of inactivity. A litigant cannot completely abdicate responsibility for monitoring the progress of his own case.
The Court distinguished a genuinely unavoidable procedural lapse from prolonged indifference and refused to use limitation principles to revive litigation after such extensive unexplained delay.
Outcome
The application for condonation and restoration was rejected.
Source: Read source report
- Delhi High Court
- Limitation
- Restoration
- Delay
- Non-Prosecution