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1987 (2) TMI 61

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..... al No. 54 of 1985 - -
Indian Laws
Judge(s)  : B. C. RAY., M. P. THAKAR  S.M. Aquil and Shakeel Ahmed, Advocates, for the respondents. Altaf Ahmed, Advocate-General (S.K. Bhttacharya, Advocate, with him), for the appellants. JUDGMENT The judgment of the court was delivered by THAKKAR J.-To condone, or not to condone, is not the only question. Whether or not to apply the same st .....

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..... ntial justice to parties by disposing of matters on de 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 of the existence of the institution of courts. It is common knowledge that this court has been making a justifiably liberal .....

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..... t satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period." 3. " Every day's delay must be explained " does not mean that pedantic approach should be made. Why not every hour's delay, every second's delay. The doctrine must be applied in a rational, common sense and pragmatic manner. 4. When substantial justice and t .....

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..... act that it was the " State " which was seeking condonation and not a private party was altogether irrelevant. The doctrine of equality before law demands that all litigants, including the State as a litigant, are accorded the same treatment and the law is administered in an even-handed manner. There is no warrant for according a step-motherly treatment when the " State " is the applicant praying .....

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..... do even-handed justice on merits in preference to the approach which scuttles a decision on merits. Turning to the facts of the matter giving rise to the present appeal, we are satisfied that sufficient cause exists for the delay. The order of the High Court dismissing the appeal before it as time-barred, is therefore, set aside. Delay is condoned. And the matter is remitted to the High Court. Th .....

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