STATE OF NAGALAND V. LIPOK [(2005) 3 SCC 752]
The Apex Court observed, the proof of sufficient cause is a condition precedent for exercise of the extraordinary discretion vested in the court. What counts is not the length of the delay but the sufficiency of the cause and shortness of the delay is one of the circumstances to be considered in using the discretion. Section 5 is to be construed liberally so as to do substantial justice to the parties. The expression ‘sufficient cause’ should, therefore, be considered with pragmatism in a justice-oriented approach rather than the technical detection of sufficient cause for explaining every day’s delay.No separate standards to determine the cause laid by the state vis-a-vis private litigant could be laid to prove strict standards of sufficient cause. Having regard to considerable delay of procedural red-tap in the decision-making process of the Government, certain amount of latitude is permissible.
The state is an impersonal machinery working through its officers or servants. Hence, it cannot be put on the same footing as an individual. In case of appeal filed by stat e or institutions, the decision is required to be taken at various levels which causes delay and therefore, the courts should consider this aspect while dealing whether delay should be condoned or not. The court condoned the delay of 57 days.