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S.N.PHUKAN, S.S.M.QUADRI
Vedabai Vaijayanatabai Baburao Patil – Appellant
Versus
Shantaram Baburao Patil – Respondent
Key Points: - The Court adopts a pragmatic approach under Section 5 of the Limitation Act, distinguishing between inordinate delays and delays of a few days. (!) - In cases of few days’ delay, prejudice to the opposite party may not be considered; liberal construction of "sufficient cause" is warranted to advance substantial justice. (!) - The case condoned a 7-day delay, restored the appeal, and directed merits adjudication, setting aside lower court orders. (!) - The appeal was allowed with no costs. (!) - The High Court and Civil Judge’s orders condoning delay were set aside; the appellate court’s discretion was exercised in contravention of established law. (!) - The applicant's illness and the court vacation period were noted as factors supporting liberal delay handling, not as falsity or mala fides. (!)
ORDER
Leave is granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the order of the High Court of Bombay, Aurangabad Bench in Civil Revision Application No. 884 of 1999 dated August 7, 2000, declining to interfere with the order of the Additional District Judge, Amalner, dated March 16, 1998 dismissing Misc. Civil Application No. 21 of 1997. The appellant made that application for condonation of delay of 7 days in filing the appeal against the order of the trial Court in Special C.S.No. 5/95 on the file of the Civil Judge, S.D. Amalner.
4. A perusal of the order of the learned Civil Judge shows that he found fault with the appellant on two grounds : (i) the judgment under appeal was delivered on April 30, 1997 but the application for certified copy was made on June 5, 1997 and (ii) in regard to the averment in the affidavit, filed in support of the application, her illness was given as a reason for the delay; it was pointed out that while she was still ill she filed the appeal. For those two reasons the application to condone the delay of seven days in filing the appeal was dismissed. It appears that the fact that during the period from May 1, 1997 to
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