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1972 (3) TMI 92 - SC - Indian Laws

Issues:
Delay in filing appeal, Condonation of delay under Section 5 of the Limitation Act, Mistake by lawyer affecting the filing of appeal, Responsibility of Punjab Government in filing the appeal.

Analysis:
The Supreme Court addressed the issue of delay in filing an appeal and the application for condonation of the delay under Section 5 of the Limitation Act. The case involved the Punjab Government and the Punjabi University seeking to appeal an order by the District Judge regarding compensation for acquired lands. The appeal was filed two days late due to a mistaken calculation by the lawyer, Mr. Atma Ram. The Court considered Mr. Atma Ram's affidavit, which explained the delay was unintentional and not due to negligence. The Court highlighted that mistakes by lawyers are common and can be grounds for condoning delays in filing appeals, citing previous judgments supporting this principle.

The Court emphasized that the Punjab Government had entrusted the matter to the Punjabi University, the party primarily affected by the compensation issue. The Court rejected the argument that the Punjab Government should not benefit from Mr. Atma Ram's mistake, as it was reasonable for the Punjab Government to rely on the Punjabi University for handling the appeal. The Court found the reasons provided for the delay credible and sufficient to warrant condonation.

In conclusion, the Supreme Court allowed the appeals, overturning the High Court's decision to reject the condonation application. The Court directed the High Court to admit the appeals and proceed with the case according to the law. The Court did not award any costs in this matter.

 

 

 

 

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