Back
K.N.WANCHOO, P.B.GAJENDRAGADKAR
Ramlal – Appellant
Versus
Rewa Coal Fields LTD. – Respondent
The respondent, Rewa Coalfields Ltd., sued the appellants (a firm and its partners) in the District Court at Umaria for the unpaid price of coal supplied between January 1952 and March 1953, claiming Rs. 52,514-14-0 including interest. (!) [1000113370001] The appellants disputed much of the claim, admitted liability for Rs. 7,496-11-0, and sought to lead evidence, but failed to appear after an adjournment on costs, leading to an ex parte decree on November 9, 1954, for Rs. 52,535-7-0 plus interest and costs.[1000113370001][1000113370002]
The appellants filed an appeal in the Court of the Judicial Commissioner, Vindhya Pradesh, on February 17, 1955—one day late—along with an application under Section 5 of the Limitation Act to condone the delay, attributing it to the illness of partner Ramlal (in charge of litigation) on the last day, February 16, 1955, supported by affidavit and medical certificate.[1000113370003]
The Judicial Commissioner accepted the illness explanation for the one-day delay but rejected condonation, holding that the appellants showed lack of diligence by waiting until the last day of the limitation period, thus requiring explanation of conduct throughout that period; the appeal was dismissed on August 6, 1955.[1000113370003][1000113370004]
The Supreme Court granted leave under Article 133 and allowed the appeal, ruling that under Section 5, "within such period" refers only to the period of actual delay after the last day of limitation (not the entire limitation period), so only the one-day delay needed sufficient cause explanation—which was satisfied by the illness—and non-diligence during the limitation period is immaterial and irrelevant.[1000113370004][1000113370005][1000113370006][1000113370007][1000113370011]
The Court condoned the delay, set aside the dismissal, and remanded the appeal to the Judicial Commissioner for merits disposal, with costs.[1000113370015] (!)
Judgment
GAJENDRAGADKAR, J. : The short question which falls to be considered in this appeal relates to the construction of S. 5 of the Indian Limitation Act IX of 1908. It arises in this way. The respondent Rewa Coalfields Limited is a registered company whose coal-mines are situated at Burhar and Umaria. Its registered office is at Calcutta. The appellant is a firm, Chaurasia Limestone Company, Satna, Vindhya Pradesh, by name and the three brothers Ramlal, Motilal and Chhotelal are its partners. The appellant prepares and deals in limestone at Maihar and Satna and for the use in their lime-kilns it purchased coal from the respondent s coalmines at Umaria by means of permits issued to it by. Coal Commissioner, Calcutta. According to respondent s case the appellant purchased from it 3,307 tons of coal at the rate of Rs. 14-9-0 per ton between January 1952, and March 1953. The price for this coal was Rs. 48,158-4-0, Since the appellant did not pay the price due from it the respondent filed the present suit in the Court of the District Judge, Umaria, and claimed a decree for Rs. 52,514-14-0 including interest accrued due on the amount until the date of the suit.
2. A substantial part o
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
