9911796707
TMI Blog1970 (12) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... rescribed period of limitation. Accordingly, an application, purported to be under Section 5 of the Limitation Act, was filed, praying for condoning the delay on the ground that the records of the case along with certified copies of the judgment and decree which were received late, could not be sent to the Government Pleader in time for filing the appeal through sheer oversight of the dealing assistant. The learned Additional District Judge considered the above ground shown as sufficient and the-delay of filing the appeal was condoned. The petitioner, being aggrieved against the said order, moved this Court and obtained the present Rule. 3. Mr. Mukherjee appearing for the petitioner in support of the Rule, contended that the learned Addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant. That decision received the approval of the Supreme Court in Dinabandhu Sahu v. Jadumoni Mangaraj AIR 1954 SC 411 at p. 414; [1962]2SCR762 and Lonard Gram Panchayat v. Ramgiri, (1967)IILLJ870SC . 7. In [1962]2SCR762 , the Supreme Court has held that in showing the sufficient cause for condoning the delay, the party may be called upon to explain for the whole of the delay covered by the period between the last day prescribed for filing the appeal and the day when the appeal was actually filed. 8. Now, in justifying the conduct of the party and his agent--dealing assistant, what materials do I find from the records which constitute sufficient cause ? It is not known what was the last date for filing the appeal; when the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt cause has been made out in the present case and the Court of Appeal below has improperly exercised its discretion in condoning the delay under Section 5 of the Limitation Act. 11. Normally this Court is reluctant to interfere in revision with the discretionary orders passed by the Subordinate Courts. But when such discretion is not exercised judicially, this Court would be justified in interfering with it, as has been observed by a Full Bench of the Allahabad High Court in Bechi v. Ahsan-ullah Khan (ILR 12 All 461), it is the duty of the Second Appellate Court to see whether the duty thus cast upon the Judge of the lower Appellate Court has been properly discharged by him, and to interfere if by a wrong, improper and judicially unsou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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