Delay in Appeal Due to Bureaucratic Procedures Is ‘Condonable’: High Court
The High Court has ruled that delays in filing appeals caused by bureaucratic procedures and the movement of files within government or statutory bodies can be considered “sufficient cause” and condoned under the law.
The judgment was published on the Supreme Court’s website last Sunday.
The case originated in 2002, when Shafiqul Islam filed a civil suit against Bangladesh Railway and others in the court of the Senior Assistant Judge in Lalmonirhat. On November 24, 2003, the court delivered a judgment and decree in favour of the plaintiff.
Bangladesh Railway filed a civil appeal against the judgment in the District Judge’s Court in 2004. However, as the appeal was filed 168 days late, the railway authorities sought condonation of the delay under Section 5 of the Limitation Act.
On August 1, 2004, the application seeking condonation of the delay was rejected on the grounds that the delay had not been adequately explained. Bangladesh Railway subsequently filed a civil revision petition with the High Court Division challenging the order.
A High Court bench led at the time by Justice Md Riaz Uddin Khan reviewed the trial court records and relevant legal principles before delivering its judgment.
Citing several precedents of the Appellate Division, the court observed that a statutory public body such as Bangladesh Railway must go through multiple administrative stages, including obtaining legal advice, securing file approvals and arranging funds for litigation.
The court held that delays arising from such bureaucratic procedures could not be considered intentional and constituted “sufficient cause” for condonation under the Limitation Act.
The High Court Division set aside the District Judge’s Court order dated August 1, 2004, and condoned the 168-day delay in filing Bangladesh Railway’s civil appeal.
It also directed the lower appellate court to issue notices to the parties and dispose of the 2004 appeal in accordance with the law as soon as possible.
