The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced by circumstances beyond the petitioner's control.

JUDGMENT

MV Muralidaran, J. - This petition has been filed by the petitioner under Section 5 of the LIMITATION ACT to condone the delay of 415 days in filing the appeal against the judgment and decree dated 21.12.2019 passed in O.S.No.105 of 2017 on the file of the Civil Judge (Senior Division), Imphal West.

2. O.S.No.105 of 2017 has been filed by the petitioner against the respondents for recovery of a sum of Rs.25,07,500/-together with interest and costs. By the judgment and decree, the said suit was dismissed on 21.12.2019. Aggrieved by the same, the petitioner has filed the appeal along with petition for condonation of the delay of 415 days.

3. Mr. K. Modhusudon, the learned counsel for the petitioner submitted that the judgment and decree of the suit was not declared on 21.12.2019, however, the e-court status, it was shown that the said case was disposed of on 21.12.2019 as uncontested. The learned counsel would submit that the suit was last listed on 15.5.2019 and fixed on 6.6.2019 for orders. However, the order was not declared on 6.6.2019 and subsequently fixed the dates on 10.7.2019, 14.8.2019,10.9.2019, 19.10.2019, 8.11.2019, 17.12.2019 and 21.12.2019. Thereafter, the learned counsel for the petitioner requested the Court regarding the matter on several occasions and the Court also informed that the matter would be checked, however, despite several efforts, the case was untraceable.

4. The learned counsel further submitted that after closing the Court since March, 2020 due to Covid-19 pandemic, the Court works were totally suspended. In the month of September, 2021 while some restrictions were removed, the learned counsel for the petitioner approached the concerned staff of the Court, but the file could not be traceable. On 23.9.2021, the learned counsel for the petitioner filed a complaint before the Registrar General of the High Court for giving appropriate direction to the concerned staff of the trial Court to trace the file of the suit. However, no order was declared till 23.9.2021. After the filing of the complaint before the Registrar General on 23.9.2021, the learned counsel for the petitioner approached the Registry of the Civil Judge on 18.10.2021 and one of the staff namely Anil informed that the case record was now found, however, no order is available in the case file. Thereafter, on 26.10.2021, the learned counsel for the petitioner came to know that the suit was disposed of on 21.12.2019 in favour of the respondents while he was informed by the said staff. On the same day, the learned counsel for the petitioner applied the certified copy of the judgment and the same was received on 8.11.2021.

5. The learned counsel for the petitioner submitted that due to bonafide mistake, the petitioner has filed an appeal against the judgment and decree dated 21.12.2019 along with delay condonation application in Judicial Misc. Case No.64 of 2021 on 24.11.2021 before the District Judge, Imphal West. The learned District Judge condoned the delay and fixed the appeal, being RFA No.4 of 2022 an fixed the appeal for hearing. At the time of hearing, the learned counsel for the petitioner withdraw the said appeal with liberty to file a fresh in the competent Court having jurisdiction to file the case and, accordingly, RFA No.4 of 2022 was disposed of on 25.1.2023. The learned counsel further submitted that thereafter, the petitioner has filed the present appeal before this Court along with application for condonation of delay.

6. According to the learned counsel for the petitioner, the cause of delay in filing the present appeal was beyond the capacity of the petitioner, as the case record was traceable only on 18.10.2021.