In the absence of a specified limitation period, the Supreme Court says that appeals should be submitted within a ‘reasonable time,’ considering the particulars of each case

Case: North Eastern Chemicals Industries (P) Ltd.& Anr. V Ashok Paper Mill (Assam) Ltd. & Anr.

Coram: Justice Abhay S. Oka and Justice Sanjay Karol

Case No.: CIVIL APPEAL NO. 2669 OF 2013

Court Observation: “In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of ‘reasonable time’, for which, by virtue of its very nature, no straitjacket formula can be laid down and it is to be determined as per the facts and circumstances of each case.”

“When no limitation stands prescribed it would be inappropriate for a Court to supplant the legislature’ s wisdom by its own and provide a limitation, more so in accordance with what it believes to be the appropriate period”.

“A court should, in such a situation consider in the facts and circumstances of the case at hand, the conduct of the parties, the nature of the proceeding, the length of delay, the possibility of prejudice being caused, and the scheme of the statute in question. It may be underscored here that when a party to a dispute raises a plea of delay despite no specific period being prescribed in the statute, such a party also bears the burden of demonstrating how the delay in itself would cause the party additional prejudice or loss as opposed to, the claim subject matter of dispute, being raised at an earlier point in time.”

“When a statute, either general or specific in application, provides for a limitation within which to file an appeal, the parties interested in doing so are put to notice of the requirement to act with expedition. However, opposite thereto, in cases such as the present one where neither statute provides for an explicit limitation, such urgency may be absent. While it is still true that, as held in Ajaib (supra), this does not entitle parties to litigate issues decades later, however shorter delays, in such circumstances, would not attract delay and laches.”

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Keywords

In the absence of a specified limitation, Supreme Court