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TMI Blog2015 (9) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... vision No.1 of 2011, condoning the delay in filing the Revision Petition. 3. Although the Courts have always exercised discretion in favour of the person seeking condonation of delay in filing the appeal or revision, but in the facts and circumstances of this case, whether the District Judge was justified in condoning the delay occurred in filing the revision petition? 4. The facts of the case lie in the narrow compass. 5. The plaintiff- appellant filed a suit in the year 1967 being Title Suit No.483 of 1967 for declaration of title in respect of the suit property and also for a decree for permanent injunction restraining the Respondent-State from interfering with the possession of the suit property. The suit was contested by the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 47, C.P.C. challenging executability the decree is a futile attempt by the State to delay the execution proceedings of the decree holder. 6. After the dismissal of the objection filed by the respondent- State, the executing Court proceeded with the Execution Proceedings and steps were taken for issuance of writ of attachment of moveable property of the judgment debtor-state. In the meantime, the respondent State filed another objection on 15.9.2011 under Section 47 CPC for setting aside the decree passed in the suit and also for recall of the writ of attachment. The executing court after hearing the respondent-State rejected the said petition by order dated 15.9.2011. For better appreciation, the order dated 15.9.2011 is reproduce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of attachment. However, since the state had already instituted an objection case under Section 47 of C.P.C. and the same has already been disposed of and there present petition under Section 47 of C.P.C. is misconceived and liable to be rejected. Consequently, the petition for recall of writ is also misconceived and liable to be rejected." Hence, it is Ordered That the petition under section 47 of C.P.C. dated 15.9.2011 is considered and rejected. That the petition dated 15.9.2011 for recall of writ of attachment , issued on 20.08.2011 is consequently rejected. To date." 7. After the said objection under Section 47 was rejected on 15.9.2011, the Respondent-State filed a Civil Revision before the District Judge challenging the earlier orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... part of the State. Hence, this appeal by the appellant-decree holder challenging the aforesaid order passed by the High Court in Revision Petition. 9. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the Respondent-State. There is no dispute that the expression 'sufficient cause' should be considered with pragmatism in justice oriented approach rather than the technical detection of 'sufficient cause' for the explaining every days' delay. However, it is equally well settled that the Courts albeit liberally considered the prayer for condonation of delay but in some cases the Court may refuse to condone the delay in as much as the Government is not accepted to keep watch whether the contesti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld always take liberal approach in the matter of condonation of delay, particularly when the appellant is the State but in a case where there is serious laches and negligence on the part of the State in challenging the decree passed in the suit and affirmed in appeal, the State cannot be allowed to wait to file objection under Section 47 till the decree holder puts the decree in execution. As noticed above, the decree passed in the year 1967 was in respect of declaration of title and permanent injunction restraining the Respondent-State from interfering with the possession of the suit property of the plaintiff-appellant. It is evident that when the State tried to interfere with possession the decree holder had no alternative but to levy the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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