High Court Punjab-Haryana High Court

Food Corporation Of India vs M/S Paramjit Singh Gurmeet Singh … on 7 September, 2009

Punjab-Haryana High Court
Food Corporation Of India vs M/S Paramjit Singh Gurmeet Singh … on 7 September, 2009
Civil Revision No.5093 of 2009 (O&M)                          {1}


        In the High Court of Punjab and Haryana at Chandigarh


                                Civil Revision No.5093 of 2009 (O&M)
                                Date of Decision:September 07, 2009


Food Corporation of India



                                            ---Petitioner


                    versus


M/s Paramjit Singh Gurmeet Singh and others



                                            ---Respondents



Coram:        HON'BLE MRS. JUSTICE SABINA

                  ***
Present:      Mr. Rajesh Sharma,Advocate,
              for the petitioner

                    ***

SABINA J.

Petitioner – Food Corporation of India has filed this petition

under Article 227 of the Constitution of India for setting aside the

impugned order dated 2.2.2009 passed by Additional District Judge,

Ludhiana (Annexure P-1).

Vide the impugned order (Annexure P-1), the application

seeking condonation of delay in filing the appeal was allowed. Applicant

No. 2 in order to establish that the delay in filing the appeal was neither

intentional nor deliberate, himself appeared in the witness box as AW-1 and
Civil Revision No.5093 of 2009 (O&M) {2}

also examined AW-2 Vikram Singla. Learned District Judge vide impugned

order has observed that order in appeal was passed on 4.2.2006. Its copy

was applied on 20.2.2006 and the copy was prepared on 28.2.2006. Regular

First Appeal was filed in this Court on 24.4.2006 as the decretal amount was

more than Rs. 5.00,000/-. The appeal was returned by the registry on

8.5.2006 with some objections. It was refiled on 16.5.2007. Thereafter the

appeal was returned stating that the same be preferred before the District

Judge by virtue Ordinance No. 11 of 2006 dated 26.8.2006. The case of the

applicants was that the delay in filing the appeal had occurred as no

information was sent to them by their counsel who was directed to file the

regular first appeal. After collection of the papers from the counsel, the

counsel at Ludhiana had filed the appeal on 9.8.2007, after completing the

necessary formalities. The case of the petitioner -Corporation, on the other

hand, was that the delay in filing the appeal was deliberate.

The Apex Court in Collector, Land Acquisition,

Anantnag and another vs. Mst. Katiji and others, AIR 1987 S.C. 1353,

has held as under:-

1. Ordinarily a litigant does not stand to benefit by lodging an

appeal late.

2. Refusing to condone delay can result in a meritorious matter

being thrown out at the very threshold and cause of justice

being defeated. As against this when delay is condoned the

highest that can happen is that a cause would be decided on

merits after hearing the parties.

3. “Every day’s delay must be explained” does not mean that a

pedantic approach should be made. Why not every hour’s
Civil Revision No.5093 of 2009 (O&M) {3}

delay, every second’s delay? The doctrine must be applied in

a rational common sense pragmatic manner.

4. When substantial justice and technical considerations are

pitted against each other, cause of substantial justice

deserves to be preferred for the other side cannot claim to

have vested right in injustice being done because of a non-

deliberate delay.

5. There is no presumption that delay is occasioned

deliberately, or on account of culpable negligence, or on

account of mala fides. A litigant does not stand to benefit by

resorting to delay. In fact he runs a serious risk. It must be

grasped that judiciary is respected not on account of its

power to legalize injustice on technical grounds but because

it is capable of removing injustice and is expected to do so.”

Learned Additional District Judge after appreciating the factual

matrix of the case has rightly held that the delay in filing the appeal could

not be said to be mala fide or intentional and hence, was liable to be

condoned. The respondents have been compensated with costs. No ground

for interference by this Court is made out.

Accordingly, this revision petition is dismissed.

(SABINA)
JUDGE

September 07, 2009
PARAMJIT