9911796707
TMI Blog2007 (6) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... ant to meet the objections as to limitation or to move an application for condonation of delay? 2. Respondent (plaintiff) filed a suit against the respondents for recovery of Rs. 10,455/- before Civil Judge, Class II, out of which this second appeal arises. The suit was contested by the appellant. By judgment and decree, dated 20.11.1990, the learned trial Judge decreed the suit. The appellant i.e. defendant felt aggrieved, filed first appeal before the District Judge, Ujjain. Since, in the opinion of learned first appellate Judge, the first appeal was filed beyond the period of limitation prescribed and, therefore, the appeal was also dismissed having been filed beyond the period of limitation without even giving any opportunity to f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means designed for the furtherance of justice be used to frustrate it. Our Laws of procedure are grounded on a principle of natural justice which requires that men should not be condemned unheard, the decisions should not be reached behind their backs, that proceedings that affect their lives and property should not continue in their absence and that they should not be precluded from participating in them. Of course, there must be exceptions and where they are clearly defined they must be given effect to. But taken by and large, and subject to that proviso, our laws of procedure should be construed, wherever that is reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial justice between the parties, the litigants have to be given an opportunity to contest their cases on their substantive rights. 7. I have gone through the cause now stated by appellant in this memo of appeal and the submission urged in its support and I am satisfied that the appellants were able to make out a sufficient cause for condoning the delay in filing the appeal. As stated supra, the cause explained is just, proper and reasonable and hence, the delay deserves to be condoned. As a matter of fact, when I calculate the limitation with reference to dates of application made for obtaining the certified copy of impugned judgment of trial Court and the date on which it was ready and delivered to the appellant then I notice that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate order on this ground as well. 9. In view of the findings recorded by this Court supra, the appeal succeeds and is allowed. As a necessary corollary, the appeal filed before the first appellate Court out of which this second appeal arises is held to be within limitation. As a consequence, the impugned judgment/decree is set aside and the appeal is remanded to the first appellate Court for hearing on merits. Since, the appeal is pending before this Court for the last 14 years; the lower appellate Court is directed to decide the matter on merits preferably within a period of six months from today. Registry is directed to send the original record of the case to the first appellate Court forthwith. Parties are directed to appear before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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