Limitation Laws Not Meant To Destroy Rights But To Prevent Delay, Every Legal Remedy Must Be Kept Alive Within Legislatively Fixed Period: J&K HC
Live LawReaffirming that the rules of limitation exist not to extinguish legal rights but to ensure timely recourse to justice the Jammu and Kashmir and Ladakh High Court dismissed a Letters Patent Appeal challenging an order condoning a delay of over six years in filing a review petition. In dismissing the appeal Justices Sanjeev Kumar and Mohammad Yousuf Wani underscored that every legal remedy must be kept alive within a legislatively fixed period, but a liberal approach may be warranted if genuine reasons for the delay exist. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time." While opining that it is the sufficiency of the cause assigned for condoning the delay which is more material than the length of the delay having occasioned in filing the cause the court however clarified that the expression “sufficient cause” as occurring in Seciton 5 of the Limitation Act cannot be liberally interpreted if negligence, inaction or lack of bona fide is writ large.
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