Limitation Act –   State  –  Public interest 

Limitation Act, S. 5  –   State  –  Public interest  – It is true that when the State and its instrumentalities are the applicants seeking condonation of delay they may be entitled to certain amount of latitude but the law of limitation is same for citizen and for governmental authorities – The Limitation Act does not provide for a different period to the Government in filing appeals or applications as such – It would be a different matter where the Government makes out a case where public interest was shown to have suffered owing to acts of fraud or collusion on the part of its officers or agents and where the officers were clearly at cross purposes with it – In a given case if any such facts are pleaded or proved they cannot be excluded from consideration and those factors may go into the judicial verdict – In the present case, no such facts are pleaded and proved though a feeble attempt by the learned counsel for the respondent was made to suggest collusion and fraud but without any basis. We cannot entertain the submission made across the Bar without there being any proper foundation in the pleadings.

2018 PLRonline 1104