9911796707
TMI Blog2001 (7) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... till the delivery of possession. The suit land was agricultural land comprised in Paimash No.199, measuring 0-4-0 Cawny, Paimash No.200, measuring 1-0-0 Cawny Paimash No.201, measuring 0-5-4 Cawny, Paimash No.273, measuring 0-4-0 Cawny, Paimash No.281, measuring 0-4-0 Cawny, Paimash No.286 measuring 0-4-0 Cawny, Paimash No.0-10-0 Cawny, measuring in all 3-13-0 Cawny situate in No.141 Kottivakkam village, Sidapet Taluk, Chingleput District bearing Patta No.32. In the aforesaid suit the appellant was defendant No.9. On his service, he appeared through his counsel in the trial court. On the basis of the pleadings before it, the trial court framed the following issues: "1. Whether the plaintiffs mother Chokkammal, the life estate hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the trial court, the appellant filed a revision petition in the High Court which was dismissed vide the order impugned in the present appeal. In any case in which a decree is passed ex-parte, the defendant can apply to the court by which the decree was passed for an order to set it aside and if he satisfies the court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into court or otherwise as it thinks fit. Such an application can be filed within 30 days as provided under Article 123 of the Limitation Act. In case of delay, the defendant can avail of the benefit of Section 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal beyond the period of limitation prescribed he must show that he acted diligently and that there was some reason which prevented him from preferring the appeal during the period of limitation prescribed. If the Judicial Commissioner has held that "within such period" means "the period of the delay between the last day for filing the appeal & the date on which the appeal was actually filed" he would undoubtedly have come to the conclusion that the illness of Ramlal on February 16 was a sufficient cause. That clearly appears to be the effect of his judgment. That is why it is unnecessary for us to consider what is "a sufficient cause" in the present appeal. It has been urged before us by Mr.Andley, for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n nor want of bonafide is imputable to the appellant." Again in The State of West Bengal v. The Administrator, Howrah Municipality & Ors. [1972 (1) SCC 366 and G.Ramegowda, Major & Ors. v. Special Land Acquisition Officer, Bangalore [1988 (2) SCC 142 this Court observed that the expression "sufficient cause" in Section 5 of the Limitation Act must receive a liberal construction so as to advance substantial justice and generally delays be condoned in the interest of justice where gross negligence or deliberate inaction or lack of bonafide is not imputable to the party seeking condonation of delay. Law of limitation has been enacted to serve the interests of justice and not to defeat it. Again in N. Balakrishnan v. M.Krishnamu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is open to such superior court to come to its own finding even untrammelled by the conclusion of the lower court." In the instant case, the appellant tried to explain the delay in filing the application for setting aside the ex-parte decree as is evident from his application filed under Section 5 of the Limitation Act accompanied by his own affidavit. Even though the appellant appears not to be as vigilant as he ought to have been, yet his conduct does not, on the whole, warrant to castigate him as an irresponsible litigant. He should have been more vigilant but on his failure to adopt such extra vigilance should not have been made a ground for ousting him from the litigation with respect to the property, concededly to be valuable. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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