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2005 Supreme(SC) 1391

(BEFORE ASHOK BHAN AND ALTAMAS KABIR, JJ.)
V.D. CHAVAN - Appellant;
Versus
SAMBAJI & CHANDRABAI (SMT) AND OTHERS - Respondents.
Civil Appeals Nos. 1066-67 of 2002,
Decided on October 25, 2005

Headnote:

Limitation Act, 1963, Section 5 - Civil Procedure Code, 1908, Section 115 - Delay of 79 days in filing revision petition - Sufficient cause for condonation of delay -Contention that one of his close relations, namely, had expired and he being an elderly member of the family had to participate in the last rites-It was also stated that one of his close friends, also expired -Because of these two deaths, it was not possible for him to come to Bangalore immediately and instruct his lawyer- The cause shown by the appellant held sufficient to condone the delay of 79 days in filing the revision petition -The order of the Single Judge set aside and the case remitted back to the High Court for a fresh decision in accordance with law ( paras 2 and 3 )

ORDER

1. These two appeals are directed against the two separate orders passed by the High Court in HRRPs Nos. 1395 and 1393 of 1998 dated 10-2-1999 by a Single Judge of the High Court of Karnataka at Bangalore. The learned Single Judge declined to condone the delay of 79 days in filing the revision, as the appellant had failed to show sufficient cause to condone the delay caused in filing the revision petition.

2. The explanation given by the appellant for condoning the delay was to the effect that one of his close relations, namely, Smt. Tarabai had expired in the first week of August 1998 and he being an elderly member of the family had to participate in the last rites. It was also stated that in the month of August one of his close friends, namely, Jaganath Gondkar, Advocate, expired. Because of these two deaths, it was not possible for him to come to Bangalore immediately and instruct his lawyer. It was also stated that he being an old man could not take the journey from Dharwad to Bangalore frequently.

3. After hearing the counsel for the parties, in our view, the cause shown by the appellant was sufficient to condone the delay of 79 days in filing the revision petition in the High Court. As a consequence thereof, the order passed by the Single Judge dismissing the revision petition as barred by time ' is set aside and the case is remitted back to the High Court for a fresh decision in accordance with law. Since these proceedings have been protracting over a very long period, we would request the High Court to take up the revision petitions for hearing and disposal of them as expeditiously as possible.

4. The appeals stand disposed of accordingly. There shall be no order as to costs.

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