Courts should consider the interest of justice and not be thwarted by technicalities when deciding on applications to set aside ex parte decrees.

Heard the learned counsel for the parties.

2. By the present writ petition the petitioners have prayed for a writ of certiorari quashing the order dated 17-6-2004 passed by the Motor Accident Claims Tribunal, Pauri Garhwal.

3. Briefly stated a claim petition has been filed by Smt. Shashi Devi and others against the petitioners for grant of compensation, on account of death of Sri Gajendra Singh Negi in a motor vehicle accident. The opposite parties petitioners were served sufficiently but they did not file any written statement nor appeared before the Claims Tribunal to contest the claim petition. The claim petition, therefore, proceeded ex parte against the opposite parties petitioners and Claims Tribunal passed ex parte judgment and award against the opposite parties.

4. The opposite parties petitioners moved the application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree along with application under section 5 of the Limitation Act for condo-nation of delay in filing the application. The Claims Tribunal considered the application under section 5 of the Limitation Act and concluded that the opposite parties petitioners have failed to establish that they were prevented by sufficient cause from appearing in the Court when the case was decided ex parte and dismissed the application under section 5 of the Limitation Act as well as application under Order 9 Rule 13 of the Code of Civil Procedure. Feeling aggrieved the present writ petition has been filed.

5. The ex parte judgment was passed by the Claims Tribunal on 16.1.2003. The petitioners have moved the application under Order 9 Rule 13 C.P.C. on 2-6-2003. The ground taken by the petitioners for condo-nation of delay in filing the application for setting aside ex parte decree is that petitioner no. 1 went to Dehradun for his treatment along with his son petitioner no.2. Manoj Kumar petitioner no. 2 came back from Dehradun on 4-4-2003. He came to know about the ex parte order against him and he applied for the copy of order on 17-4-2003. He again went to Dehradun for taking his ailing father back from Dehradun and on 29-5-2003 he got the application prepared from his counsel and filed the same in the Court on 2-6-2003.

6. The Apex Court in the case N. Balakrishnan v. M. Krishnamurthy Supreme Court & Full Bench Rent Cases, 1998 page 427 held as under:

"Rule of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. The law of limitation fixes a lifespan for such legal remedy for the redress of the legal injury so suffered. Time is precious and wasted time would never revisit. During the efflux of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a lifespan must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. The law of limitation is thus founded on public policy. It is enshrined in the maxim interest reipublicae up sit finis litium (it is for the general welfare •that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time.

It must be remembered that in every case of delay, there can be some lapse on the part of the litigant concerned. That alone is not enough to turn down his plea and to shut the door against him. If the explanation does not smack of mala fides or it is not put forth as part of a dilatory strategy, the court must show utmost consideration to the suitor. But when there is reasonable ground to think that the delay was occasioned by the ,p