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TMI Blog2015 (1) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... court was still in seisin of the matter and no final verdict had come and hence, it would not be a case where there will be failure of justice if the appeal against the interim order is not entertained on the ground of limitation inasmuch as the final order was subject to assail in appeal; (h) that the managing committee had exhibited gross negligence and, in any way, recklessness; (i) that the conduct and attitude of the members of the committee before the writ court deserved to be decried since they should not have taken recourse to maladroit effort in complying with the order of the court; and (j) and that it was obvious that the managing committee was really taking resort to dilatory tactics by not seeking necessitous legal remedy in quite promptitude. The persons chosen to act on behalf of the Managing Committee cannot take recourse to fancy and rise like a phoenix and move the court. Neither leisure nor pleasure has any room while one moves an application seeking condonation of delay of almost seven years on the ground of lack of knowledge or failure of justice. Plea of lack of knowledge in the present case really lacks bona fide. The Division Bench of the High Court has f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ol authorities but the said communication was not paid heed to. On 24.1.2006 the District Inspector of Schools (SE), Howrah, directed the said school authorities to comply with the direction issued by the learned single Judge. Despite the said direction the order was not complied with. It may be mentioned here that an undertaking was given before the learned single Judge and on that basis C.P.A.N. No. 1016 of 2004 was disposed of. As the factual matrix would further unfurl a new managing committee was constituted in place of the erstwhile managing committee of the school on 21.11.2009 and the appellant was not allowed to join her duty. Being constrained, she preferred another contempt petition No. C.P.A.N. No. 1506 of 2010 wherein the learned single Judge vide order dated 13.5.2010 referred to his earlier order and directed that the District Inspector of Schools (SE) would ensure due compliance of the order. That apart, a direction was issued that the concerned police authority should see to it that the Secretary and the teacher-in-charge of the concerned school implement the order in allowing the petitioner to join her duties. After the said order came to be passed, the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that there should not be a pedantic approach but the doctrine that is to be kept in mind is that the matter has to be dealt with in a rational common sense pragmatic manner and cause of substantial justice deserves to be preferred over the technical considerations. It was also ruled that there is no presumption that delay is occasioned deliberately or on account of culpable negligence and that the courts are not supposed to legalise injustice on technical grounds as it is the duty of the court to remove injustice. In the said case the Division Bench observed that the State which represents the collective cause of the community does not deserve a litigant-non-grata status and the courts are required to be informed with the spirit and philosophy of the provision in the course of interpretation of the expression sufficient cause . 7. In G. Ramegowda, Major and others v. Special Land Acquisition Officer, Bangalore[(1988) 2 SCC 142 ], Venkatachaliah, J. (as his Lordship then was), speaking for the Court, has opined thus:- The contours of the area of discretion of the courts in the matter of condonation of delays in filing appeals are set out in a number of pronounc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporation and another[(2010) 5 SCC 459], where a two-Judge Bench of this Court has observed that the law of limitation is founded on public policy. The legislature does not prescribe limitation with the object of destroying the rights of the parties but to ensure that they do not resort to dilatory tactics and seek remedy without delay. The idea is that every legal remedy must be kept alive for a period fixed by the legislature. To put it differently, the law of limitation prescribes a period within which legal remedy can be availed for redress of the legal injury. At the same time, the courts are bestowed with the power to condone the delay, if sufficient cause is shown for not availing the remedy within the stipulated time. Thereafter, the learned Judges proceeded to state that this Court has justifiably advocated adoption of liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate. 11. In Improvement Trust, Ludhiana v. Ujagar Singh and others[(2010) 6 SCC 786], it has been held that while considering an application for condonation of delay no straitjacket formula is prescribed to come to the conclusion if sufficient and g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o-Judge Bench ruled thus: - 23. What needs to be emphasized is that even though a liberal and justice-oriented approach is required to be adopted in the exercise of power under Section 5 of the Limitation Act and other similar statutes, the courts can neither become oblivious of the fact that the successful litigant has acquired certain rights on the basis of the judgment under challenge and a lot of time is consumed at various stages of litigation apart from the cost. 24. What colour the expression sufficient cause would get in the factual matrix of a given case would largely depend on bona fide nature of the explanation. If the court finds that there has been no negligence on the part of the applicant and the cause shown for the delay does not lack bona fides, then it may condone the delay. If, on the other hand, the explanation given by the applicant is found to be concocted or he is thoroughly negligent in prosecuting his cause, then it would be a legitimate exercise of discretion not to condone the delay. Eventually, the Bench upon perusal of the application for condonation of delay and the affidavit on record came to hold that certain n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go by in the name of liberal approach. x) If the explanation offered is concocted or the grounds urged in the application are fanciful, the courts should be vigilant not to expose the other side unnecessarily to face such a litigation. xi) It is to be borne in mind that no one gets away with fraud, misrepresentation or interpolation by taking recourse to the technicalities of law of limitation. xii) The entire gamut of facts are to be carefully scrutinized and the approach should be based on the paradigm of judicial discretion which is founded on objective reasoning and not on individual perception. xiii) The State or a public body or an entity representing a collective cause should be given some acceptable latitude. 16. To the aforesaid principles we may add some more guidelines taking note of the present day scenario. They are: - a) An application for condonation of delay should be drafted with careful concern and not in a half hazard manner harbouring the notion that the courts are required to condone delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f from Mr. Banik, Ld. Advocate to Mr. Baidya, Ld. Advocate. After having received the said papers and after perusing all the records he opined to prefer an appeal before the appeal court or to prefer an application for vacating the interim order and ultimately the same was filed on 07.06.2010 after several pursuance in spite of taking the application for vacating the interim order the court below day to day is proceeding with the contempt application. 15. Having got no other alternative applicant have been advised to prefer an appeal without certified copy and the leave has been prayed for and the same was allowed. The photocopy of the receipt for application of Xerox certified copy is annexed herewith and marked with letter A . 16. That the delay occasioned in presenting the said mandamus appeal has taken place due to the aforesaid reasons which was beyond the control of the applicants and was completely unintentional. 18. Thereafter, the applicant therein stated about the duty of the court while dealing with the application for condonation of delay and in that context, proceeded to state as follows: - Nonetheless adop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench of the High Court took note of the averments made in paragraph 14 of the application and thereafter, noted the submission of learned counsel for the parties, referred to the decision in Oriental Aroma Chemical Industries Limited (supra) and came to hold as follows: - Now upon a close look at the prayer made for condonation of delay we find that although the delay is substantial, the same has been sought to be explained in a manner even if it may not be full proof but is quite convincing. 21. Barring the aforesaid, most of the discussion pertains to the merits of the case. We are of the convinced opinion that the High Court has misdirected itself by not considering certain facts, namely, (a) that the notice of the writ petition was served on the earlier managing committee; (b) that the earlier committee had appeared in the writ court and was aware of the proceedings and the order; (c) that the District Inspector of schools had communicated to the managing committee to comply with the order of the learned single Judge; (d) that the earlier managing committee had undertaken before the learned single Judge to comply with the order; (e) that the new managing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such legal remedy for the redress of the legal injury so suffered. Time is precious and wasted time would never revisit. During the efflux of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a lifespan must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. The law of limitation is thus founded on public policy. It is enshrined in the maxim interest reipublicae up sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time. We have painfully re-stated the same. 23. Ex consequenti, the appeals are allowed and the order passed by the Division Bench condoning delay is set aside. As a result of such extinction the appeal before the Division Bench of the High Court shall also stand dismissed. The learned single Judge is requested to dispose of Writ Pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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