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1987 Supreme(Bom) 37

P.V.NIRGUDKAR, G.H.GUTTAL
Bhagwan s/o Ganpatrao Godsay & Raghunath s/o Dhondiba Lohar & Sudhabai w/o Kishanrao Khatke & another & Rama s/o Balu Roopnar – Appellant
Versus
Kachrulal s/o Bastimal Samdariya & Pandurangrao s/o Ambadasrao Ratnalikar – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The appellate authority under the relevant law is constituted as a Tribunal and not as a Civil Court, and the appeal lies to a designated District Judge, who acts as the appellate authority (!) .

  2. The specific provisions of the law restrict the power of the appellate court to grant interim stay of execution of decrees until the application for condonation of delay is disposed of and the appeal is admitted (!) .

  3. The scheme of the procedural rules mandates that applications for condonation of delay must be decided before the court deals with the appeal on its merits, and the court is generally required to dispose of such applications prior to proceeding with the appeal (!) (!) .

  4. The prohibition against granting stay during the pendency of the application for condonation of delay is intended to prevent the execution of decrees in cases where the appeal might be barred by limitation, thereby ensuring that the question of limitation is settled before the appeal is admitted (!) (!) .

  5. The language of the procedural rule, particularly the use of the word "shall," has been interpreted as permissive rather than mandatory, allowing courts some discretion to grant interim relief during the period when the application for condonation is pending (!) (!) .

  6. The legislative history and the purpose behind the enactment of the procedural rule indicate that its primary aim is to regulate the process of admitting appeals and not to bar the court from granting interim relief, including stay orders, during the period before the appeal is admitted (!) (!) .

  7. When interpreting procedural provisions, courts should adopt an approach that aligns with the legislative intent, avoiding an overly literal interpretation that could lead to unjust or absurd results (!) (!) .

  8. The special law governing a particular matter, such as the law relating to rent control, generally prevails over the general procedural law unless explicitly stated otherwise. Therefore, the provisions of the special law allow for the grant of stay orders by the appellate authority, despite the restrictions in the general civil procedure rules (!) (!) .

  9. The procedural rule was enacted to prevent the practice of admitting appeals without considering the question of limitation and to establish a process for final determination of limitation issues at the earliest stage, thereby protecting the rights of the parties involved (!) (!) .

  10. The interpretation of the procedural rules should be guided by the broader objective of justice and fairness, allowing courts to exercise their inherent powers to prevent injustice, especially in cases where technicalities could cause undue hardship (!) .

  11. The courts have recognized that procedural rules are meant to facilitate justice and should not be applied in a manner that results in the denial of substantive rights or causes irreparable harm to parties (!) (!) .

  12. In conclusion, the procedural restrictions against granting stay orders during the pendency of applications for condonation of delay are not absolute and should be construed in a manner that upholds the overall purpose of justice, especially when the special law or circumstances warrant such relief (!) (!) .

Please let me know if you need a more detailed analysis or specific advice based on these points.


JUDGMENT - G.H. GUTTAL, J.:---These four revision applications have beed placed before us for hearing upon a reference made by Ratnaparkhi, J., who differed from the view adopted by S.J. Deshpande, J., on the construction of Rule 3-A of Order XLI of the Code of Civil Procedure. At the outset, Counsel for the petitioners and respondents agreed that we should dispose of not only the question of construction of Rule 3-A of Order XLI but all the question arising in these civil revision applications so that the civil revision applications need not be sent back to a Single Judge for disposal in accordance with our decision.

I Facts

(i) Civil Revision Application No. 6 of 1986

2. In this Revision Application, petitioner is the owner of house bearing Municipal No. 2/771 situated at Tilak Road, Beed. Respondent Kachrulal is the tenant. The petitioner filed eviction Suit No. 85/RC/8 under section 15 of the Hyderabad Rent Control Act, 1954 on the ground of non-payment of rent and acquisition of alternative accommodation. The eviction suit was allowed by order dated 7th November, 1985 and the respondent was ordered to vacate the premises within 30 days from the date of the order.

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