9911796707
TMI Blog1997 (2) TMI 585X X X X Extracts X X X X X X X X Extracts X X X X ..... decree dated 12-9-94 passed by the learned trial Court, therefore, an appeal could not be filed by the defendant-appellants within limitation. 3. After getting information about the judgment and decree dated 12-9-94, the defendant-appellants applied for certified copies of judgment and decree of the learned trial Court with promptitude and filed the appeal along with application under Section 5 of the Indian Limitation Act supported with an affidavit on 5-5-95. It is also averred in the aforesaid application for condonation of delay that the defendant-appellants were informed by Smt. Manju Maheshwari, Advocate about the judgment and decree dated 12-9-94 on 2-5-95. 4. It is alleged in paragraph 8 of the application moved under Section 5 of the Indian Limitation Act that due to misconduct of the counsel engaged by the defendant-appellants, they are going to be deprived of 6825 Square Yards land situated in city of Jodhpur, valuation of which is more than Rs. One Crore. In the aforesaid application, the defendant-appellants have also alleged that the decree obtained by the plaintiff-respondent from the learned trial Court on 12-9-94 is per se illegal and without j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... just and proper to quote paragraphs 15, 32 and 39 from the judgment of Hema Ram (1996 AIHC 4498) (supra), which read thus:-- 15. From the conjoined reading of paras 7 and 8 of their Lordships decision rendered in the case of G. Ramegowda (supra), the following legal principles are required to be kept in view while condoning the delay or passing an order refusing to condone the delay:-- (a) If there is negligence, deliberate or gross inaction or lack of bona fides on the part of the party or its counsel, there is no reason why the opposite party should be exposed to a time-barred appeal. Thus, it is well to remember that once an appeal has become time-barfed, a vested right accrued in favour of the opposite party cannot be divested from his vested right if negligence, deliberate or gross inaction or lack of bona fides on the part of the appellant is either proved or shown. (b) Each case will have to be considered on the particularities of its own special facts. (c) The expression 'sufficient cause' used in Section 5 must receive a liberal construction by a Court of law so as to advance substantial justice between the parties. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... XXX XXX XXX XXX XXX 39. The aforementioned discussion leads towards an irresistible conclusion that the present time-barred appeal has been filed along with an application under Section 5 of the Indian Limitation Act to delay the payment of legal compensation to the landholder Hema Ram which is impermissible. The State Government cannot claim to have a vested right to delay the payment of compensation to the land-holder Hema Ram of his land acquired by the State Government for the benefit of Union of India, Ministry of Defence which appellant has already received from Government of India. In such a situation, there is no reason whatsoever why the respondent Hema Ram should be exposed to the present time-barred appeal. 13. It is be noticed that in case of Hema Ram (1996 AIHC 4498) (supra), an appeal was filed by the State Government whereas the present appeal has been filed by its instrumentality. A moot question arises in the present case whether the principle of condonation of delay under Section 5 of the Limitation Act would be same in an appeal filed by an instrumentality of the State? Suffice it to hold in this regard that same principle for condonation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht by the State are lost for such default, no person is individually affected but what in the ultimate analysis suffers, is public interest. The expression sufficient cause should, therefore, be considered with pragmatism in justice-oriented approach rather, than the technical detection of sufficient cause for explaining every day's delay. The factors which are peculiar to and characteristic of the functioning of the Governmental conditions would be cognizant to and requires adoption of pragmatic approach in justice-oriented process. The Court should decide the matter on merits unless the case is hopelessly without merit..... ..... 15. Now time is ripe to put a glance on the merit of the case on hand. A close scrutiny of the judgment and decree under appeal leads me to conclude that while rejecting the application under Section 5 of the Indian Limitation Act, the learned lower appellate Court has not addressed itself to the merit of the case. 16. Indisputably, the disputed land over which the plaintiff-respondent Poonam Chand has obtained a decree under appeal from the learned trial Court on 12-9-1994 is measuring 6825 Square Yards in the city of Jodhpur, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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