9911796707
TMI Blog1996 (6) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... e determined and civil revision being carried from the said order of rejection and having met the same fate, the petitioner, a septuagenarian, has approached this Court invoking its extra-ordinary jurisdiction under Articles 226 and 227 of the Constitution. 2. The factual scenario as emerges is that the opp. patty Nos. 1 to 4 as plaintiffs instituted Title Suit No. 208.87 in the Court of learned Munsif, Jagatsinghpur for declaration of right, title, interest and possession of the suit land with the further declaration that the sale deed, Ext. A, is invalid and inoperative with a further alternative prayer for a decree of partition. The suit was contested by the defendants and eventually the learned Munsif decreed the suit in part directing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was of the view that non-reliance on the medical certificates by the appellate Court was justified and there was no perversity in any of the findings recorded by the appellate Court. Being of such view he rejected the revision of the revisionist. 3. Shri B. Routray, learned counsel appearing for the petitioner contends that there are substantial grounds for condonation of delay and the Courts below have adopted a very restricted approach. It is his submission that there were materials on record to come to a definite conclusion that the present petitioner was looking after the case and he was taken ill and he being an old man of 70 years then, the plea should have been accepted and should not have been weighed with parameters of technical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djective law, it has its own significance, but it cannot be permitted to function as a pivot. It cannot be regarded as a factor having paramount importance in the process of adjudication. Various factors are to be taken into consideration while dealing with an application for condonation of delay. It has been emphasised by the apex Court on number of occasions that a liberal approach has to be taken while dealing with application of this nature. We may profitably refer to decisions rendered in the case of Collector, Land Acquisition, Anantnag and Anr. v. Mst. Kartiji and Ors. in the case of G. Ramegowda, Major etc. v. The Special Land Acquisition Officer, Bangalore which have given guidelines and have hid down that a liberal approach is alw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application for certified copy of the judgment and decree was not made within the prescribed period of limitation, but in reality delay was for only about 22 days. Decree of the trial Court was signed on August 20, 1990 and as such, the petitioner could not have presented the appeal earlier. If the petitioner had filed an application for obtaining the certified copy of the decree before the same was signed, he would have got the benefit of exclusion of the period which elapsed between the date of such application and actual signing of the decree. Failure to apply for certified copy in proper time placed the petitioner under some technical difficulty in availing of the benefits conferred by Section 12 of the Limitation Act in the matter of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In fact he runs a serious risk." The Courts below have failed to take note of the said principle and adopted a rigid and legalistic approach instead of a justice-oriented approach. In the facts and circumstances of the present case such rigid approach of the Courts below had resulted in impairment of the cause of substantial justice. 8. The other contention of Sri Rath that all the appellants have not approached this Court is devoid of merit. The appellants who have not joined the petitioner have been arrayed as opp. parties 7 to 9 and once they are brought on record and the matter is adjudicated in their presence, we are of the view that technical objection by Sri Rath has no legs to stand upon. It is settled in law, while challeng ..... X X X X Extracts X X X X X X X X Extracts X X X X
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