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Uncondonable delay cannot be condoned in a routine manner. The very reason stated would be insufficient to condone the long delay of 1298 days in filing the Review Application.

3. Reasons are live-link for condoning enormous delay. In the absence of valid reason, Court would not condone the long delay in filing https://www.mhc.tn.gov.in/judis in Review Application SR No.30724 of 2020 the Review Application. Law of limitation is substantive. Thus, Review is to be filed within the time prescribed under the Statutes. Condonation of delay is an exception. Thus, the Courts are expected to exercise the power of discretion judiciously and by recording reasons. Mechanical approach in condoning the delay would undoubtedly cause prejudice to the interest of the other party.

16. As stated earlier, delay cannot be excused as a matter of judicial generosity. Rendering substantial justice is not to cause prejudice to the opposite party. Money suit was filed way back in 1998 and Revision petitioner/plaintiff has been pursuing the matter for nearly 7 to 8 years. The matter could not reach finality because of one Application or other filed by the respondent/Defendant. The party claiming indulgence must prove that he is reasonably diligent in prosecuting the matter. This test for condoning the delay is not satisfied in this case. Liberal exercise of jurisdiction under Section 5 of the Act would cause prejudice to the plaintiff/Decree holder, who has been pursuing the money suit for quite a long time. In condoning the delay, there is improper exercise of discretion, and therefore, the impugned order cannot be sustained."

https://www.mhc.tn.gov.in/judis in Review Application SR No.30724 of 2020 The High Court is not at all justified in exercising its discretion to condone such a huge delay. The High Court has not exercised the discretion judiciously. The reasoning given by the High Court while condoning huge delay of 1011 days is not germane. Therefore, the High Court has erred in condoning the huge delay of 1011 days in preferring the appeal by respondent Nos. 1 and 2 herein - original defendants. Impugned order passed by the High Court is unsustainable both, on law as well as on facts.”

6. In view of the fact that the petitioner could not establish any acceptable reason for the purpose of condoning the long delay of 1298 days, this Court is not inclined to consider the miscellaneous petition.

That apart, condoning the long delay in the absence of sufficient reason would cause prejudice to the other parties and thus, this Civil Miscellaneous Petition is devoid of merits and stands dismissed.