TMI Blog2015 (3) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... OTI MUKHOPADHAYA, JJ. JUDGMENT G. S. Singhvi, J. 1. Whether the cause shown by Municipal Corporation of Brihan Mumbai (for short, the Corporation ) for condonation of 7 years and 108 days delay in filing appeals against judgments and decrees dated 2.5.2003 passed by the City Civil Court (hereinafter referred to as the trial Court ) in L.C. Suit Nos. 2726, 2727, 2728 of 1999 was sufficient cause within the meaning of Section 5 of the Limitation Act and the learned Single Judge of the Bombay High Court was justified in condoning the delay is the question which arises for consideration in these appeals. 2. At the outset, it deserves to be mentioned that the respondent had withdrawn one of the three appeals filed before the High Court and, as such, the impugned order makes a reference to the two appeals only. 3. The appellants filed suits for grant of a declaration that notices issued by the Corporation under Section 314 of the Mumbai Municipal Corporation Act, 1888 (for short, the Act ) for demolition of the properties specified in the plaints are illegal and not binding on them. They pleaded that the action taken by the Corporation is discriminatory and liable to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suits by separate but identical judgments dated 2.5.2003. 7. The Corporation did not challenge the judgments of the trial Court within the prescribed period of limitation and filed appeals sometime in September, 2010 along with the applications for condonation of 7 years and 108 days delay. In support of its prayer for condonation of delay the Corporation also filed the affidavits of Shri Ranindra Y. Sirsikar, Junior Law Officer. For the sake of reference, paragraph 3 of the application for condonation of delay and paragraphs 2, 3 and 5 of the affidavit of Shri Ranindra Y. Sirsikar filed in First Appeal No. 3691 of 2010 titled Municipal Corporation of Brihan Mumbai v. Smt. Maniben Devraj Shah are reproduced below: APPLICATION FOR CONDONATION OF DELAY 3) The applicants herein have filed the present first appeal against the order dated 2.5.2003 and applied for certified copy of judgment on 23.8.2010 and same was made available on 6.9.2010 and collected on 6.9.2010. The applicant corporation being the administrative and statutory body, certain requisitions and formalities for preferring an first appeal in the Hon ble High Court has to be complied with. The applicant submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Miscellaneous Court to Criminal Court from 5.6.2004. A copy of the office order regarding transfer is annexed herewith and marked as Exhibit - D. I was with the Criminal Section from 5.6.2004 to 28.9.2005. I was again transferred from Criminal Court to High Court Original Side w.e.f. 28.9.2005 till date. A copy of the office order regarding transfer is annexed herewith and market as Exhibit - E. I say that in view of the facts, I was transferred from City Civil Court, and various courts, I could not follow up with the matter. 3. I say that in the instant case, the Local Councillor Shri Prakash Karkar wrote a letter on 20.7.2010 to the concerned Additional Municipal Commissioner requesting for joint meeting regarding widening of road and expediting the development and construction of Municipal Market, i.e., property under reference. A copy of letter dt. 20.7.2010 of Local Councillor Shri Prakash Karkar is annexed herewith and marked as Exhibit - F. I say that accordingly joint meeting was held in the Chamber of Addl. M.C. on 2.8.2010, when all concerned officers along with Jt. Law Officer (City Civil Court Section) of Legal Department of the appellant was also present in the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se shown by the Corporation for condonation of delay, in my opinion, is sufficient and the delay deserves to be condoned. I is well settled that the expression sufficient cause is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice. The court are expected to take liberal approach in such matters where refusal to condone delay is likely to result in a meritorious matter being thrown out at the very threshold. Taking the law laid down by the Supreme Court in view and considering over all facts and circumstances of the case, so also the fact that if the delay is not condoned the meritorious appeal is likely to be thrown at the very threshold, I am inclined to condone the delay in filing these appeals. Hence, the Civil Application Nos. 3625 of 2010 and 3691 of 2010 are allowed in terms of prayer clause (a). 10. Shri A.S. Bhasme, learned counsel for the appellants argued that the reasons assigned by the learned Single Judge for condoning more than 7 years and 3 months delay in filing the appeals are legally unsustainable and the impugned order is liable to be set aside because the explanation given by the Corporati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e delay, serious injury would have been caused to the public interest. 12. We have considered the respective arguments / submissions and carefully scrutinized the record. The law of limitation is founded on public policy. The Limitation Act, 1963 has not been enacted with the object of destroying the rights of the parties but to ensure that they approach the Court for vindication of their rights without unreasonable delay. The idea underlying the concept of limitation is that every remedy should remain alive only till the expiry of the period fixed by the Legislature. At the same time, the Courts are empowered to condone the delay provided that sufficient cause is shown by the applicant for not availing the remedy within the prescribed period of limitation. The expression sufficient cause used in Section 5 of the Limitation Act, 1963 and other statutes is elastic enough to enable the Courts to apply the law in a meaningful manner which serve the ends of justice. No hard and fast rule has been or can be laid down for deciding the applications for condonation of delay but over the years this Court has advocated that a liberal approach should be adopted in such matters so that su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 nondeliberate 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. Making a justice-oriented approach from this perspective, there was sufficient cause for condoning the delay in the institution of the appeal. The fact that it was the State which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to such superior court to come to its own finding even untrammelled by the conclusion of the lower court. Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a legal remedy is to repair 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 reipublicae 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 parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. The idea is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served: Experience shows that on account of an impersonal machinery (no one in charge of the matter is directly hit or hurt by the judgment sought to be subjected to appeal) and the inherited bureaucratic methodology imbued with the note-making, filepushing, and passing-on-the-buck ethos, delay on its part is less difficult to understand though more difficult to approve. The State which represents collective cause of the community, does not deserve a litigant-non-grata status. The courts, therefore, have to be informed with the spirit and philosophy of the provision in the course of the interpretation of the expression of sufficient cause. Merit is preferred to scuttle a decision on merits in turning down the case on technicalities of delay in presenting the appeal. 18. What needs to be emphasised is that even though a liberal and justice oriented approach is required to be adopted in the exercise of power under Section 5 of the Limitation Act and other similar statutes, the Courts can neither become oblivious of the fact that the successful litigant has acquired certain rights on the basis of the judgment under challenge and a lot of time is consumed at various stages of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d from Civil Section to Criminal Section in June, 2004 and, therefore, lost tract of the matter and the first appeals remained to be filed due to oversight and heavy work load. As against this, Shri Sirsikar states that he was transferred to Miscellaneous Court on 2.1.2004 and from Miscellaneous Court to Criminal Court on 5.6.2004, where he worked up to 28.9.2005. Thereafter, he was transferred to High Court on original side and was working there on the date of filing the affidavit. 4. As per the averments contained in the application, the advocate came to know that appellant fraudulently obtained alternative accommodation under the judgment of the trial Court even though she was given permission for constructing mezzanine floor to the extent of structure affected by road widening. In this context, Shri Sirsikar has disclosed that the issue relating to the claim made by the appellant for alternative accommodation was considered in the meeting held on 2.8.2010 in the chamber of Additional Municipal Commissioner and, on the basis of discussion held in that meeting, direction was given by him to the Managing Clerk on 19.8.2010 to file application for certified copy of the judgment. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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