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TMI Blog2023 (7) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... sing of matters on `merits . The expression `sufficient cause employed by the legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice-that being the life-purpose for the existence of the institution of courts. It is common knowledge that this Court has been making a justifiably liberal approach in matters instituted in this Court. The above decision expressing the intention of justice oriented approach percolating down to all the courts was rendered nearly three decades ago but unfortunately the case on hand demonstrates the pervading insensitive approach, which apart from continuing the agony of the litigants concerned has also unnecessarily burdened the judicial hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the defendants No. 1 and 2 in the suit filed a Regular First Appeal under Section 96 of the Civil Procedure Code assailing the said judgment. Since there was delay of 52 days in filing the appeal, an application under Section 5 of the Limitation Act was filed seeking condonation of delay. The lower Appellate Court through its judgment dated 08.10.2010 had dismissed the appeal bearing Civil Appeal No. 35A/2005 on the ground of limitation holding that the delay has not been properly explained and had consequently dismissed the appeal. Against the said judgment, the appellants were before the High Court of Madhya Pradesh in a Second Appeal bearing No. 1185/2010. The Second Appeal has been dismissed by the High Court through its judgment dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y liberal approach in matters instituted in this Court. But the message does not appear to have percolated down to all the other courts in the hierarchy. And such a liberal approach is adopted on principle as it is realized that: 1. Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties. 3. Every day s delay must be explained does not mean that a pedantic approach should be made. Why not every hour s delay, every second s delay ? The doctrine must be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etween the parties probably would have come to an end much earlier after decision on the merits of their rival contention. 6. If that be the position, the very manner in which the lower Appellate Court has dismissed the appeal on the ground of delay when the delay was not inordinate is not justified and the High Court was also not justified in dismissing the appeal only on the ground that there was no question of law. 7. Hence, the judgment dated 16.04.2015 passed by the High Court as also the judgment dated 08.10.2010 passed by the lower Appellate Court are set aside. The delay in filing the appeal before the lower Appellate Court is condoned. The Civil Appeal No. 35A/2005 is restored to the file of the lower Appellate Court i.e. First Add ..... X X X X Extracts X X X X X X X X Extracts X X X X
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