2006 (7) TMI 743 - HC - Indian Laws

Summary

Issues:
1. Appeal filed under Order 9 Rule 7 CPC rejected by Single Judge
2. Delay of 224 days in filing present appeal
3. Application under Section 5 of the Limitation Act for condonation of delay
4. Vagueness in statements made in the application
5. Negligence and inaction of counsel and appellant
6. Insufficient explanation for delay
7. Reference to Supreme Court decision on condonation of delay

Analysis:

1. The appellant filed an appeal in the High Court challenging the rejection of their application under Order 9 Rule 7 CPC by a Single Judge. However, the appeal was found to be barred by a delay of 224 days in filing. An application under Section 5 of the Limitation Act was submitted by the appellant seeking condonation of the delay.

2. The appellant explained that they received the certified copy of the impugned order on 23rd September, 2004, and the appeal was filed on 24th September, 2004, resulting in a delay of four days. However, the statements in the application were deemed vague as no specific date was provided regarding when the counsel sent the appeal draft to the appellant for signatures.

3. Upon reviewing the records, it was observed that the original appeal, which was returned due to objections, was not refiled. Instead, a fresh appeal was filed later on. The lack of clarity on why the original appeal was not refiled indicated negligence and inaction on the part of both the counsel and the appellant.

4. The Court noted that the explanations provided in the application for the 224-day delay were insufficient and unsatisfactory. The vagueness and ambiguity in the statements, coupled with the absence of proper documentation regarding the objections raised by the Registry, further weakened the appellant's case for condonation of delay.

5. Citing a Supreme Court decision, the Court emphasized that inordinate delays should not be condoned without a reasonable or satisfactory explanation. The lack of a proper justification for the delay led the Court to reject the appellant's application and subsequently dismiss the appeal.

6. In conclusion, the Court found that the appellant failed to provide a satisfactory explanation for the delay, leading to the rejection of the application for condonation of delay and the dismissal of the appeal. An additional application mentioned in the judgment was dismissed as infructuous.