TMI Blog1998 (9) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... 4575-4576 of 1998 - - - Dated:- 3-9-1998 - S. Saghir Ahmad and K.T. Thomas, JJ. REPRESENTED BY : Shri Krishnaswami, Advocate, for the Appellant. Shri Gaurav Jain and Ms. Abha Jain, Advocates, for the Respondent. [Judgment per : K.T. Thomas, J.]. Leave granted. 2. Explanation for the apparently inordinate delay in moving an application was accepted by the trial court under Section 5 of the Limitation Act, 1963, but the High Court in revision reversed the finding and consequently dismissed the motion. That order of the High Court has given rise to these appeals. 3. Facts barely needed for these appeals are the following : A suit for declaration of title and ancillary reliefs filed by the respondent was decreed ex par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -1993 and that nothing was done in the Court thereafter on his behalf. He also learned that his advocate had left the profession and joined as the Legal Assistant of M/s. Maxworth Orcheads India Limited. Hence he filed the present application for having the order dated 17-2-1993 set aside. 4. The appellant did not stop with filing the aforesaid application. He also moved the District Consumer Disputes Redressal Forum, Madras North ventilating his grievance and claiming a compensation of rupees one lakh as against his erstwhile advocate. The said forum passed final order directing the said advocate to pay a compensation of Rs. fifty thousand to the appellant besides a cost of Rs. five hundred. 5. Though the trial court was pleased to acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the whole warrant to castigate him as an irresponsible litigant. What he did in defending the suit was not very much far from what a litigant would broadly do. Of course, it may be said that he should have been more vigilant by visiting his advocate at short intervals to check up the progress of the litigation. But during these days when everybody is fully occupied with his own avocation of life an omission to adopt such extra vigilance need not be used as a ground to depict him as a litigant not aware of his responsibilities, and to visit him with drastic consequences. 9. It is axiomatic that condonation of delay is a matter of discretion of the court. Section 5 of the Limitation Act does not say that such discretion can be exercised onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epair 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 reipublicue 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne the delay due to laches on the part of the applicant, the court shall compensate the opposite party for his loss. 14. In this case, explanation for the delay set up by the appellant was found satisfactory to the trial court in the exercise of its discretion and the High Court went wrong in upsetting the finding, more so when the High Court was exercising revisional jurisdiction. Nonetheless, the respondent must be compensated particularly because the appellant has secured a sum of Rs. fifty thousand from the delinquent-advocate through the Consumer Disputes Redressal Forum. We, therefore, allow these appeals and set aside the impugned order by restoring the order passed by the trial court but on a condition that the appellant shall pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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