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2024 Supreme(Online)(GUJ) 345
HIGH COURT OF GUJARAT
SA,CJ,PT
LH OF BISMILLABIBI D/O MUSAMIYA JIVANMIYA THROUGH KHATIJABIBI RAJAKMIYA SAIYED D/O BISMILLABIBI – Appellant
Versus
LHS OF BASIRALI PANNUMIYA – Respondent
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3222 of2024 in F/LETTERS PATENT APPEAL NO. 2883 of 2024
The court emphasized the importance of timely filing of appeals and the prompt removal of office objections, in accordance with the established procedures and guidelines.
Headnote:
Procedure - Letters Patent Appeal - Delay in Filing
Fact of the Case:
The main Letters Patent Appeal was directed against the judgment and order dated 11.12.2023 passed by the learned single Judge. The appeal was stated to be delayed by 9 days on the date of presentation, which was 26.02.2024. The record indicates that the date of the registration of the delay condonation application filed with the appeal was 07.06.2024. The court observed that the appeal along with the delay condonation application was presented on 26.02.2024, but the matter was kept pending in the Registry for about four months, without any explanation on record.
Finding of the Court:
The court directed the concerned officer of the Central Filling Center (CFC) to furnish an explanation regarding the entries in the check lists dated 25.01.2024 and 26.02.2024, and why the limitation was not computed on the date of registration of the matter, which was 07.06.2024. The court also directed the concerned officer to explain why the file was kept pending and the SOP dated 14.12.2023 was not complied with for the movement of the file from the CFC Section. The court granted the learned advocate a week's time to furnish an explanation as to why the matter was kept pending for four months in the Registry without removal of the office objections. The Registrar (Judicial) was also directed to conduct a proper inquiry and submit a report.
Issues: The main issues were the delay in filing the Letters Patent Appeal and the delay in removing the office objections.
Ratio Decidendi: The court observed that the appeal along with the delay condonation application was presented on 26.02.2024, but the matter was kept pending in the Registry for about four months, without any explanation on record. The court directed the concerned officers to provide explanations for the delays and the non-compliance with the SOP.
Final Decision: The court put up the matter for further hearing on 20.06.2024.
ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) The main Letters Patent Appeal is directed against the judgment and order dated 11.12.2023 passed by the learned single Judge and was stated to be delayed by 9 days on the date of presentation, which is 26.02.2024, as is clear from the copy of the application seeking condonation of delay appended with the appeal.
2. However, the record indicates that the date of the registration of the delay condonation application filed with the appeal is 07.06.2024. The check list on the application signed by the Deputy Registrar is dated 27.02.2024, wherein the office objections have been reported. The signature dated 5.6.2024 of the Assistant / Deputy Section Officer / Section Officer of the Central Filling Center indicates that all the office objections were removed on the said date.
3. It seems that the appeal alongwith the delay condonation application though was presented on 26.02.2024 and the objections in the check list were prepared on 27.02.2024, but the matter has been kept pending in the Registry for about four months, for which we do not find any explanation on record. The learned counsel for the appellant is also not in a position to inform us as to why he has not removed the office objections for a period of four months.
4. Another check list dated 25.01.2024 is also on record, wherein 9 days delay has been reported by the concerned Deputy Registrar in the presentation of the appeal, which seems to have been calculated in the month of January, 2024. The entries in the two check lists dated 25.01.2024 and 26.02.2024 are also to be explained by the concerned Deputy Registrars. We may further record that the check list dated 25.01.2024 appended with the first copy also contains the signature of the Deputy Section Officer dated 5.6.2025 having seal of removal of all the objections in the Letters Patent Appeal and three Civil Applications, which were filed alongwith the Letters Patent Appeal.
5. The concerned officer of the Central Filling Center (CFC) is directed to furnish explanation with regard to the entries in the check lists dated 25.01.2024 and 26.02.2024 and further why limitation has not been computed on the date of registration of the matter, which is 07.06.2024, after removal of the objections by the learned advocate. The concerned officer is also required to explain as to why the file has been kept pending and the SOP dated 14.12.2023 has not been complied with for movement of the file from the CFC Section and the matter has not been placed before the Additional Registrar (Judicial) who has been assigned the task of dealing with such matters, when office objections have not been removed for so long.
6. Mr. Kavan K. Patel, the learned advocate holding brief of Mr. V.V.Bhamare, the learned counsel appearing for the applicant/appellant also prays for and is granted a weeks’ time to furnish explanation of the learned advocate as to why the matter has been kept pending for four months in the Registry without removal of the office objections.
7. A proper inquiry is also to be conducted by the Registrar (Judicial) and report be submitted.
Put up on 20.06.2024.
