High Court Punjab-Haryana High Court

State Of Punjab And Others vs Piare Lal Bansal on 6 August, 2009

Punjab-Haryana High Court
State Of Punjab And Others vs Piare Lal Bansal on 6 August, 2009
Civil Revision No. 3797 of 2003                         -1-


In the High Court of Punjab and Haryana at Chandigarh


                               Civil Revision No. 3797 of 2003
                               Date of Decision:August 06, 2009


State of Punjab and others


                                            ---Petitioner


                   versus



Piare Lal Bansal


                                            ---Respondent

Coram:      HON'BLE MRS. JUSTICE SABINA

                ***
Present:    Mr. J.S.Sandhu, AAG, Punjab

            Mr.D.S.Brar, Advocate,
            for the respondents.

                   ***

SABINA J.

Plaintiff-Piare Lal Bansal filed a suit for declaration and

mandatory injunction claiming payment on interest on delayed payment

and payments of cumulative pension and also for fixation of pension in the

grade of Rs. 2000-3500/-. Suit of the plaintiff was decreed by the Civil

Judge (Junior Division), Patiala vide judgment and decree dated 5.8.2002.

Aggrieved by the same, State filed an appeal challenging the

judgment and decree of the trial court. The said appeal was accompanied

by an application under Section 5 of the Limitation Act (for short- “the Act)
Civil Revision No. 3797 of 2003 -2-

for condonation of delay in filing the appeal. Vide impugned order dated

28.4.2003, the application seeking condonation of delay in filing the appeal

was dismissed by Additional District Judge, Patiala. Hence the present

revision petition.

Learned State counsel has submitted that there was delay of

less than a month in filing the appeal. The appeal should have been filed on

or before 17.9.2002 whereas it was filed on 12.10.2002 along with an

application under Section 5 of the Act. It has further been submitted that

the delay in filing the appeal was not intentional but due to official

correspondence with the concerned departments.

Learned counsel for the respondent, on the other hand, has

submitted that the application seeking condonation of delay in filing the

appeal had been rightly dismissed by the learned Additional District Judge.

It has further been observed in the order by the Additional District Judge

that the judgment and decree of the trial court were apparently correct and

required no interference.

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.

Civil Revision No. 3797 of 2003 -3-

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

pedantic approach should be made. Why not every hour’s

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.

6. 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.”

In the present case, the delay in filing the appeal had occurred

due to official correspondence between different department. State had

nothing to gain by filing the appeal late. The appeal was filed on

12.10.2002 in stead of on or before 17.9.2009. Thus, it cannot be said to be

a case of long delay, so as to deny the opportunity to the State of getting its

appeal decided on merits. In case the delay had been condoned, the appeal

would have been decided on merits. In these circumstances, merely

because the learned Additional District Judge has observed that the

judgment and decree of the trial court were apparently correct, does not lead
Civil Revision No. 3797 of 2003 -4-

to the inference that he had minutely gone into the controversy involved in

the case after hearing the parties.

Accordingly, this revision petition is allowed and the delay in

filing the appeal is liable to be condoned. Accordingly, the impugned order

dated 28.4.2003 is set aside and delay in the filing the appeal is condoned.

Learned Additional District Judge, Patiala is directed to decide the appeal

on merits in accordance with law.

(SABINA)
JUDGE

August 06, 2009
PARAMJIT