Judicial Due Diligence: Supreme Court Rejects 14-Year Delay Condonation.


14-August-2025 Civil Appeals >> Civil & Consumer Law  

In a recent order of M/s. Sethia Infrastructure Pvt. Ltd. v/s Mafatlal Mangilal Kothari & Others, the Supreme Court of India set aside a High Court decision that had condoned an extraordinary delay of 5,250 days in a restoration application. The case involves a decades-old eviction suit filed by the respondents against the defendants, which was dismissed by the trial court in 1988.

The respondents' appeal against the dismissal was pending before the High Court when, in February 2008, it was ordered to be dismissed for non-prosecution if the required documents weren't filed within three months. The appeal was subsequently dismissed in May 2008.


 

 

More than 14 years later, in 2022, the respondents filed an application to restore the appeal, along with a prayer to condone the massive delay. The High Court, in a brief order, granted the application and restored the appeal, noting only that the opposing parties had been served through private means.

The Supreme Court, however, found this order legally unsustainable. It highlighted that the High Court failed to provide any reasons for condoning the immense delay and did so without the opposing parties' representation. The Court emphasized that in such cases, especially where there's a huge delay, it's crucial for courts to consider that third-party rights may have been created. In this specific case, a developer had initiated large-scale construction on the disputed property during the period the appeal was dismissed.

The Supreme Court's decision sets aside the High Court's order and remands the matter back to the High Court. It directs the High Court to reconsider the application for condonation of delay and the restoration of the appeal, this time after giving a full hearing to the developer, who claims to have acquired a stake in the property.