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TMI Blog1985 (4) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... d, is that a certified copy of the decree was also applied for on June 2, 1975 but they were informed at the time of the delivery of the certified copy of the judgment on July 22, 1975, that the decree sheet having not been drawn Up it was not possible to supply to them a certified copy thereof. The appellants thereupon made an application to the trial court on July 23, 1975, praying that the decree sheet be prepared. Pursuant thereto the decree sheet appears to have been prepared on July 25, 1975 but the actual date on which it was signed by the learned trial judge is not capable of being determined on the material on record. After the decree sheet was accordingly prepared, a fresh application for a certified copy thereof was made by the appellants on October 30, 1975 and delivery thereof was given to them on December 3, 1975. The appeal was presented on December 4, 1975. Against, the background aforesaid, even taking the worst view against the appellants, the delay in the presentation of the appeal admittedly extends to a period of about six months. 3. Along with the appeal, the appellants made an application for the condonation of delay duly supported by an affidavit sworn by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one tall gentleman, who is employed in the Himachal Pradesh Secretariat and who was one of the relations of the plaintiffs , used to see him at his office on behalf of the appellants, to give instructions. Neither the said person nor the appellants were present when the judgment was pronounced. The counsel further stated that he did not remember whether that gentleman had collected information from his office about the pronouncement of the judgment or whether he had given intimation to the appellants with regard to the dismissal of the suit in writing. 6. The substantial question of law between the parties which arises against the aforesaid background is whether, in exercising his discretion in the matter of condonation of delay, the learned District Judge acted judicially and keeping in view the true principle governing the exercise of such discretion and correctly applied the principle to the uncontroverted facts on the record. Be it stated in fairness to the learned District Judge that the approach of the courts in the matter of condonation of delay on sufficient cause being shown has undergone a sea change in the recent past and that the principle governing the exercise of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... para 3) : This discretion like other judicial discretion must be exercised with vigilance and circumspection according to justice, common sense, and sound judgment. The Discretion is to know through law what is just, see Keighley's case (1609) 10 C R 139 : 77 ER 1136. Reference was also made to the following, passage occurring in the decision of the Madras High Court in Krishna v. Chathappan ILR (1890) Mad 269 which has received approval in Dinabandhu Sahu v. Jadumoni Mangaraj AIR 1954 SC 411, Ram Lal v. Rewa Coalfields Ltd. and Lonand Gram Panchayat's case (AIR 1968 SC 222): We think that Section 5 gives the Courts a discretion which in respect of jurisdiction is to be exercised in the way in which judicial power and discretion ought to be exercised upon principles which are well understood; the words 'sufficient cause' receiving a liberal construction so as to advance substantial justice when no negligence nor inaction nor want of bona fides is imputable to the appellant. As regards the nature of proof required for establishing the suggested sufficient cause , the following observations made at page 219 of the report in Union of India v. Ram Chara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agency, counsel and court extremely difficult, if not impossible, in certain seasons and in certain regions, are all matters which, amongst others, must enter into consideration and the final decision must be arrived at in the over-all light of all the relevant circumstances. 8. Against the backdrop of these well-settled legal principles, it is apparent that the learned District Judge committed an error of law in the exercise of his discretion in refusing to condone the delay on the grounds pleaded although they were not controverted and that the error has resulted in grave miscarriage of justice. It could not have been overlooked that the appellants were ladies and that one of them was indisputably a widow of advanced age and the other was in a family way at the material time. I say 'indisputably' because the relevant averments made in the application duly supported by an affidavit were not controverted by the other side. It could not have been overlooked also that in our country litigation on behalf of the ladies, especially ladies circumstanced as the appellants here were, is ordinarily not personally attended to in them at all the material stages and that one of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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