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TMI Blog1985 (2) TMI 278X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on 30th October, 1984. It was brought to the notice of Shri S.C. Ukil, the learned Barrister who has appeared on behalf of the appellant that the appeal is hit by limitation. The learned Barrister had requested for adjournment and has stated that he intended to file an application for condonation of delay as per instruction of his client. In the interests of justice, the appeal was adjourned. The appellant has filed an application for condonation of delay duly verified before the notary public on the 13th November, 1984. Shri S.C. Ukil, the learned Barrister has appeared on behalf of the appellant. He has pleaded that the appeal could not be filed within the stipulated period as the appellant could not take any decision whether they sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred the matter to the Advocate for opinion and the appellant had received the opinion after the High Court Puja holidays and it was opined that there was merit in the case. Thereafter, the appellant had referred the case to the Principal of the company for approval to prefer the revision application. He has referred to a judgment in the case of Titaghur Paper Mills Ltd. v Union of India reported in 1981 E.L.T. 27. The learned J.D.R. has pleaded that if the delay in filing the appeal is condoned, the substantial right of respondent will be affected. He has pleaded that the appellant s application for condonation of delay may be rejected. 3. Shri S.C. Ukil, the learned Barrister has pleaded that the appellant s application is sworn bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 62 and AIR 1941 Privy Council 6 (not cited by the parties). I would also like to observe that in condoning the delay, the Court should be very cautious as the substantial rights of the other party are affected. When the time for appealing is once passed, a very valuable right is secured to the successful litigant and the Court must therefore be fully satisfied of the justice on the ground on which the appellant seeks to obtain an extension of time for attacking the decree and thus perhaps decreeing the successful litigant of the advantages which he has attained - Karsondas v. Bai Gungabai, 30 Bom 329 (330); Sanghni v. Gopeswar, 12 CLJ 615 (617), Dund Bahadur v. Deo Nandan 17 LJ 596; Sarat Chander v. Saraswati, 34 Cal. 126 (221); Sohan v. Ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vour of the decree holder to treat the decree as binding between the parties and this legal right should not be light-heatedly disturbed and (2) if sufficient cause for excusing delay is shown the applicant is not entitled as a matter of right to condonation of delay but discretion is given to the Court to condone delay and admit appeal. The judgment cited by the learned J.D.R. does not help the respondent in any way as the same relates to the sending of appeals by post. Keeping in view the facts and circumstances of the case, I hold that the appellant was not prevented by sufficient cause in the late filing of the appeal. The appeal is dismissed being hit by limitation. Since the appeal is dismissed on the ground of limitation, I am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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