N. Krishna Proprietor Krishna Enterprises vs Smt. Bharathi Proprietrix Lakshmi Enterprises

N. Ananda, J.—There is delay of 258 days in filing the revision petition. The application and affidavit filed to condone the delay do not disclose sufficient cause. The petitioner (complainant) being a party to the proceedings cannot plead ignorance. The law is fairly well settled, discretion to condone the delay should be exercised in the manner known to law.

In a decision reported in Lanka Venkateswarlu (D) by L.Rs. Vs. State of A.P. and Others, the Supreme Court has held:

.....The concepts such as "liberal approach", "justice oriented approach", "substantial justice" cannot be employed to jettison the substantial law of limitation. Especially, in cases where the court concludes that there is no justification for the delay.

Whilst considering applications for condonation of delay u/s 5 of the Limitation Act, the courts do not enjoy unlimited and unbridled discretionary powers. All discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the law. The discretion has to be exercised in a systematic manner informed by reason. Whims or fancies; prejudices or predilections cannot and should not form the basis of exercising discretionary powers.

There are no grounds to condone the delay. The application (Misc. Crl. 5095/2010) as also Revision Petition are dismissed.