IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
The Dean, Government Medical College Hospital & Ors. - Petitioners
Versus
Vijayakumari - Respondent
CRP SR No. 28628 of 2020 and CMP No. 22610 of 2022
Decided On : 03-01-2023
Re-presentation is sought to be condoned – Only reason stated by petitioners is that bundle was misplaced and date and other details regarding any such misplacement or otherwise has not been explained – Held, Apart, in respect of the very same issue, another Civil Revision Petition was filed by very same petitioners in CRP SR – In said case, this Court passed an order and directed petitioners herein – Dean of Government Medical College Hospital, and District Collector, have to pay compensation to victim, who lost her vision on account of surgery conducted in Government Hospital – Court is not inclined to condone delay, since petitioners have not stated any acceptable reason for condoning such a huge delay in re-presentation – Dismissed.
ORDER :
The delay of 985 days in re-presentation is sought to be condoned in CMP No.22610 of 2022.
2. The only reason stated by the petitioners is that the bundle was misplaced and the date and other details regarding any such misplacement or otherwise has not been explained.
3. Perusal of the affidavit filed in support of the civil miscellaneous petition reveals that there is no acceptable reason for the purpose of condoning such a long delay of 985 days. Uncondonable delay cannot be condoned by the Courts in a routine manner.
4. Delay can be condoned only if the reasons are acceptable and genuine. Law of limitation is substantive and condonation of delay is an exception. Thus unexplained delay cannot be condoned in a mechanical manner.
5. In the present case, CRP SR No.28628 of 2020 was filed on 17.12.2019 against the order passed in IA No.151 of 2019 in OS No.20 of 2015 on the file of the learned Subordinate Judge, Thiruvarur. Though the Civil Revision Petition was filed within the time limit, the Registry returned the papers noting certain defects and the petitioners have not re-presented the case papers by complying the defects within the time limit. Except by stating that the delay is neither willful nor wanton, but due to the reason that the bundle was misplaced is unacceptable. Such a blanket statement made if accepted would cause prejudice to he other parties, since the delay is enormous and more than 2-1/2 years.
6. That apart, in respect of the very same issue, another Civil Revision Petition was filed by the very same petitioners in CRP SR No.146353 of 2022. In the said case, this Court passed an order on 23.12.2022 and directed the petitioners herein, namely, The Dean of the Government Medical College Hospital, Thiruvarur and the District Collector, Thiruvarur have to pay compensation to the victim, who lost her vision on account of surgery conducted in the Government Hospital.
7. For all these reasons, this Court is not inclined to condone the delay, since the petitioners have not stated any acceptable reason for condoning such a huge delay in re-presentation.
8. Accordingly, CMP No.22610 of 2022 stands dismissed. Consequently, CRP SR No.28628 of 2020 stands rejected. However, there shall be no order as to costs.
Unexplained delay cannot be condoned under Sec. 5 of the Limitation Act, 1963.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The delay in representation can be excused if the party makes a case for condoning the delay, and the Court has to ensure that justice does not suffer in such cases.
An inordinate delay in filing an appeal cannot be condoned as a matter of right without providing sufficient and satisfactory justification or cause for the delay.
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