The court emphasized the importance of a reasonable and vigilant approach in condoning delay, considering the conduct and attitude of the party seeking condonation.

G.S.SANDHAWALIA, J.

1. The present appeal is preferred against the order of the learned Single Judge, dated 16.11.2015, passed in CWP-3179-2012, dismissing the prayer of the appellant for quashing the orders dated 30.10.2009 (Annexure P-2) passed by the Deputy Commissioner-cum-District Collector, SAS Nagar Mohali, appointing respondent No. 5 Jaik Ram as 'Lambardar' of Village Majria, Tehsil Kharar, District SAS Nagar, as well as the order dated 24.01.2012 (Annexure P-4), passed by respondent No. 1-Financial Commissioner, Revenue, affirming the order of the Deputy Commissioner.

2. The appeal is delayed by 1315 days and the averments made in the application for condonation of delay of 1315 days in filing the appeal are that one Sh. G.S. Kaler, Advocate, practicing in District Court, Chandigarh, was engaged for filing the LPA and the same was not filed. The appellant has then gone to the office of the counsel on 26.07.2019 after a period of 04 years and obtained the papers and therefore, the delay is sought to be condoned.

3. The appeal was thereafter, filed on 31.07.2019 before this Court. The application has been opposed by filing a reply by the private respondents while submitting that the law helps those who are vigilant over their rights but will not help those who sleep on their rights. It has been averred that there is no sufficient cause given for condoning the delay and neither any action nor any complaint was filed against the said counsel. The prescribed period of limitation is 30 days for filing a LPA and there is nothing on record to show that the said counsel has ever been engaged by the appellant.

4. In view of the above, we are of the considered opinion that the matter is not liable to be reopened at this belated stage, as the dispute is regarding the appointment of the 'Lambardar' of the village. It would amount to putting the clock back on account of the conduct as such of the appellant himself. In this regard, reliance can be placed upon the judgment of the Supreme Court in Esha Bhattacharjee vs. Managing Committee of Reghunathpur Nafar Academy and others 2013 (12) SCC 649, wherein delay of 2449 days had been condoned by the Division Bench of the Calcutta High Court but Hon'ble the Apex Court had set aside the same by holding as under:-

“15. From the aforesaid authorities the principles that can broadly be culled out are:

i) There should be a liberal, pragmatic, justice-oriented, non- pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice.

ii) The terms “sufficient cause” should be understood in their proper spirit, philosophy and purpose regard being had to the fact that these terms are basically elastic and are to be applied in proper perspective to the obtaining fact- situation.

iii) Substantial justice being paramount and pivotal the technical considerations should not be given undue and uncalled for emphasis.

iv) No presumption can be attached to deliberate causation of delay but, gross negligence on the part of the counsel or litigant is to be taken note of.

v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact.

vi) It is to be kept in mind that adherence to strict proof should not affect public justice and cause public mischief because the courts are required to be vigilant so that in the ultimate eventuate there is no real failure of justice.

vii) The concept of liberal approach has to encapsule the conception of reasonableness and it cannot be allowed a totally unfettered free play.

viii) There is a distinction between inordinate delay and a delay of short duration or few days, for to the former doctrine of prejudice is attracted whereas to the latter it may not be attracted. That apart, the first one warrants strict approach whereas the second calls for a liberal delineation.

ix) The conduct, behaviour and attitude of a party relating to its inaction o