Smt. Kajal Sharma vs Prashant Sharma
2026 Latest Caselaw 779 Chatt

Chattisgarh High Court

Smt. Kajal Sharma vs Prashant Sharma on 19 March, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                  1




                                                                  2026:CGHC:13196
                                                                                NAFR
                      HIGH COURT OF CHHATTISGARH AT BILASPUR

                                        CRR No. 92 of 2025

            1 - Smt. Kajal Sharma W/o Prashant Sharma Aged About 29 Years R/o
            C/o Shri Purushottam Pandey, Kumhar Para, Gobra Navapara, Rajim
            District Raipur Chhattisgarh.
            2 - Minor Shashwat Sharma S/o Prashant Sharma Aged About 3 Years
            Through Mother Smt. Kajal Sharma, R/o C/o Shri Purushottam Pandey,
            Kumhar Para, Gobra Navapara, Rajim District Raipur Chhattisgarh.
                                                                          ... Applicants
                                               versus
            Prashant Sharma S/o Mahendra Kumar Sharma Aged About 37 Years
            R/o Shitlapara Kanker, Dist. North Bastar Kanker Presently R/o Jhuniya
            Para Kanker Dist. North Bastar Kanker Chhattisgarh.
                                                                         ... Respondent

(Cause-title taken from Case Information System)

For Applicants : Mr. Akash Kumar Kundu, Advocate

Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 19.03.2026

1. Heard on I.A. No.01/2025, which is an application for condonation

of delay of 276 days in preferring the instant criminal revision.

2. Learned counsel for the applicants submits that the applicants have

preferred the present criminal revision challenging the impugned order

RAHUL dated 03.01.2024 passed by the learned Second Additional Principal DEWANGAN

Digitally Judge, Family Court, Raipur (C.G.) in Case No. 319/2023, and the facts signed by RAHUL DEWANGAN

stated in the main petition may be treated as part of this application. It is

further submitted that the applicants have a strong prima facie case and is

likely to succeed in the revision. He also submits that the applicants were

initially unaware of the impugned order and subsequently came to know

that maintenance had been granted only in favour of the child. Thereafter,

the applicants had to arrange the relevant documents and obtain the

certified copy of the impugned order, as the earlier counsel was not

available, which caused delay. It is also submitted that the applicants are

residing in the outskirts of the city, which further contributed to the delay in

filing the present revision, and an affidavit in support of the application has

been filed. Therefore, the delay is bona fide and stands sufficiently

explained. Accordingly, he prays for condoning the delay in the interest of

justice and proceed to hear the revision on merits.

3. I have heard learned counsel appearing for the applicants as also

perused the application for condonation of delay in preferring the instant

criminal revision.

4. The primary question that arises for consideration before this Court

is whether the delay of about 276 days in preferring the present revision

petition deserves to be condoned or not.

5. Recently, the Hon'ble Supreme Court in the matter of State of

Madhya Pradesh v. Ramkumar Choudhary, 2024 INSC 932, while

considering the delay, issued some directions and observed as follows:-

"5. The legal position is that where a case has been presented in the Court beyond limitation, the petitioner has to explain the Court as to what was the "sufficient cause" which means

an adequate and enough reason which prevented him to approach the Court within limitation. In Majji Sannemma v. Reddy Sridevi, 2021 SCC Online SC 1260, it was held by this Court that even though limitation may harshly affect the rights of a party, it has to be applied with all its rigour when prescribed by statute. A reference was also made to the decision of this Court in Ajay Dabra v. Pyare Ram, 2023 SCC Online 92 wherein, it was held as follows:

"13. This Court in the case of Basawaraj v. Special Land Acquisition Officer [(2013) 14 SCC 81] while rejecting an application for condonation of delay for lack of sufficient cause has concluded in Paragraph 15 as follows:

"15. The law on the issue can be summarised to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the court as to what was the "sufficient cause"

which means an adequate and enough reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid

down by this Court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature."

14. Therefore, we are of the considered opinion that the High Court did not commit any mistake in dismissing the delay condonation application of the present appellant."

Thus, it is crystal clear that the discretion to condone the delay has to be exercised judiciously based on facts and circumstances of each case and that, the expression 'sufficient cause' cannot be liberally interpreted, if negligence, inaction or lack of bona fides is attributed to the party.

5.1. In Union of India v. Jahangir Byramji Jeejeebhoy (D) through his legal heir, 2024 INSC 262, wherein, one of us (J.B.Pardiwala, J) was a member, after referring to various decisions on the issue, it was in unequivocal terms observed by this Court that delay should not be excused as a matter of generosity and rendering substantial justice is not to cause prejudice to the opposite party. The relevant passage of the same is profitably extracted below:

"24. In the aforesaid circumstances, we

made it very clear that we are not going to look into the merits of the matter as long as we are not convinced that sufficient cause has been made out for condonation of such a long and inordinate delay.

25. It hardly matters whether a litigant is a private party or a State or Union of India when it comes to condoning the gross delay of more than 12 years. If the litigant chooses to approach the court long after the lapse of the time prescribed under the relevant provisions of the law, then he cannot turn around and say that no prejudice would be caused to either side by the delay being condoned. This litigation between the parties started sometime in 1981. We are in 2024. Almost 43 years have elapsed. However, till date the respondent has not been able to reap the fruits of his decree. It would be a mockery of justice if we condone the delay of 12 years and 158 days and once again ask the respondent to undergo the rigmarole of the legal proceedings.

26. The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not. From the tenor of the approach of the appellants, it appears that they want to fix their own period of limitation for instituting the proceedings for which law has prescribed a period of limitation. Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to

be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that the substantial justice deserves to be preferred as against the technical considerations. While considering the plea for condonation of delay, the court must not start with the merits of the main matter. The court owes a duty to first ascertain the bona fides of the explanation offered by the party seeking condonation. It is only if the sufficient cause assigned by the litigant and the opposition of the other side is equally balanced that the court may bring into aid the merits of the matter for the purpose of condoning the delay.

27. We are of the view that the question of limitation is not merely a technical consideration. The rules of limitation are based on the principles of sound public policy and principles of equity. We should not keep the 'Sword of Damocles' hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellants.

xxx xxx xxx

34. In view of the aforesaid, we have reached to the conclusion that the High Court committed no error much less any error of law in passing the impugned order.

Even otherwise, the High Court was exercising its supervisory jurisdiction under Article 227 of the Constitution of India.

35. In a plethora of decisions of this Court, it has been said that delay should not be

excused as a matter of generosity. Rendering substantial justice is not to cause prejudice to the opposite party. The appellants have failed to prove that they were reasonably diligent in prosecuting the matter and this vital test for condoning the delay is not satisfied in this case.

36. For all the foregoing reasons, this appeal fails and is hereby dismissed. There shall be no order as to costs."

Applying the above legal proposition to the facts of the present case, we are of the opinion that the High Court correctly refused to condone the delay and dismissed the appeal by observing that such inordinate delay was not explained satisfactorily, no sufficient cause was shown for the same, and no plausible reason was put forth by the State. Therefore, we are inclined to reject this petition at the threshold.

6. At the same time, we cannot simply brush aside the delay occurred in preferring the second appeal, due to callous and lackadaisical attitude on the part of the officials functioning in the State machinery. Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer. The present case is one such case, wherein, enormous delay of 1788 days occasioned in preferring the second

appeal due to the lapses on the part of the officials functioning under the State, though valuable Government lands were involved. Therefore, we direct the State to streamline the machinery touching the legal issues, offering legal opinion, filing of cases before the Tribunal / Courts, etc., fix the responsibility on the officer(s) concerned, and penalize the officer(s), who is/are responsible for delay, deviation, lapses, etc., if any, to the value of the loss caused to the Government. Such direction will have to be followed by all the States scrupulously.

7. There is one another aspect of the matter which we must not ignore or overlook. Over a period of time, we have noticed that whenever there is a plea for condonation of delay be it at the instance of a private litigant or State the delay is sought to be explained right from the time, the limitation starts and if there is a delay of say 2 years or 3 years or 4 years till the end of the same. For example if the period of limitation is 90 days then the party seeking condonation has to explain why it was unable to institute the proceedings within that period of limitation. What events occurred after the 91st day till the last is of no consequence. The court is required to consider what came in the way of the party that it was unable to file it between the 1st day and the 90th day. It is true that a party is entitled to wait until the last day of limitation for filing an appeal. But when it allows the limitation to expire and pleads sufficient cause for not filing the appeal earlier, the sufficient cause must establish that

because of some event or circumstance arising before the limitation expired it was not possible to file the appeal within time. No event or circumstance arising after the expiry of limitation can constitute such sufficient cause. There may be events or circumstances subsequent to the expiry of limitation which may further delay the filing of the appeal. But that the limitation has been allowed to expire without the appeal being filed must be traced to a cause arising within the period of limitation. (See: Ajit Singh Thakur Singh and Another v. State of Gujarat, AIR 1981 SC

733)."

6. Taking into account the facts and circumstances of the present

case, in the light of the aforementioned judgment of the Hon'ble Supreme

Court in Ramkumar Choudhary (supra), it is evident that the discretion

to condone delay has to be exercised with great caution and only upon a

clear and satisfactory demonstration of "sufficient cause." The law is well-

settled that poverty or ignorance of law, by themselves, do not constitute

such sufficient cause, and that negligence, inaction or lack of bona fides

cannot be overlooked under the guise of advancing substantial justice.

7. In the backdrop of the aforesaid legal principles and upon careful

consideration of the rival submissions, this Court finds that the delay of

276 days in filing the present revision is grossly inordinate. The

explanation offered by the applicants, namely financial constraints, lack of

legal guidance, and ignorance of the remedy, though invoking sympathy,

cannot be treated as "sufficient cause" in the eye of law. It is now well-

settled that poverty or ignorance of law by themselves do not constitute

adequate justification for condoning delay, nor can the valuable right that

accrues to the opposite party by virtue of the law of limitation be lightly

taken away.

8. The doctrine of limitation is founded upon public policy that seeks to

ensure certainty and finality in litigation. Once the statutory period has

expired, a litigant seeking indulgence of the Court must show diligence

and bona fides, and must explain satisfactorily the circumstances which

prevented timely action. In the present case, the applicants have not been

able to point out any circumstance arising within the period of limitation

which disabled them from approaching this Court. On the contrary, the

record reveals that they remained inactive for a long period and sought to

revive their claim only after consulting legal aid services. Such explanation

cannot be construed as sufficient cause for condonation of delay,

particularly when the delay is prolonged and unexplained for a substantial

period.

9. Therefore, this Court is constrained to hold that no case for

condonation of delay is made out. The application for condonation of

delay is accordingly rejected. As a consequence, the instant criminal

revision petition, being hopelessly barred by limitation, also stands

dismissed on the ground of delay and laches.

Sd/-

(Ramesh Sinha) Chief Justice

Rahul Dewangan