TMI Blog2013 (11) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... n this appeal. The appellant approached the respondent no. 1 - a money lender, for a loan of [pic] 2,20,000/-. The respondent no. 1 agreed to give him the loan in return of execution of a sale deed with respect to 3 cents of land in re- survey No. 111/13-1 in Block No. 12 of Maranalloor village by the appellant in his favour. It was agreed upon between the parties that the respondent no. 1 will reconvey the property in favour of the appellant on repayment of the loan. The appellant accordingly executed sale deed No. 575 of 2001 at sub Registrar s office at Ooruttambalam with respect to 3 cents of land in Re-survey No.111/13-1 in Block no.12 of Maranalloor village in favour of respondent no.1. The respondent no. 1 executed an agreement of re- conveyance deed in favour of the appellant regarding the above mentioned property on the same day. 4. The learned senior counsel, Mr. Basanth R. appearing on behalf of the appellant argued that the appellant approached the respondent no.1 several times with money for re-conveying the property in favour of the appellant as was agreed upon between them but the respondent no. 1 evaded from doing so. 5. It is also the case of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was right in rejecting the application for condonation of delay filed by the appellant against the decision of the learned sub judge who rejected the suit of the appellant for non- payment of court fee? 4. What Order? Answer to Point no. 1 8. Section 149 of the Civil Procedure Code prescribes a discretionary power which empowers the Court to allow a party to make up the deficiency of court fee payable on plaint, appeals, applications, review of judgment etc. This Section also empowers the Court to retrospectively validate insufficiency of stamp duties etc. It is also a usual practice that the Court provides an opportunity to the party to pay court fee within a stipulated time on failure of which the Court dismisses the appeal. In the present case, the appellant filed an application for extension of time for remitting the balance court fee which was rejected by the learned sub Judge. It is the claim of the appellant that he was unable to pay the requisite amount of court fee due to financial difficulties. It is the usual practice of the court to use this discretion in favour of the litigating parties unless there are manifest grounds of mala fide. The Court, while extending ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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. XXX XXX XXX 12. After referring to the various judgments reported in New India Insurance Co. Ltd. v. Shanti Misra [1976] 2 SCR 266, Brij Inder Singh v. Kanshi Ram (1918)ILR 45 P.C. 94, Shakuntala Devi Jain v. Kuntal Kumari [1969]1 SCR 1006, Concord of India Insurance Co. Ltd. v. Nirmala Devi [1979] 118 ITR 507(SC), Lala Mata Din v. A. Narayanan [1970] 2 SCR 90, State of Kerala v. E.K. Kuriyipe 1981 (Supp)SCC 72, Milavi Devi v. Dina Nath (1982)3 SCC 366a, O.P. Kathpalia v. Lakhmir Singh AIR 1984 SC 1744, Collector, Land Acquisition v. Katiji (1987) ILLJ 500 SC, Prabha v. Ram Parkash Kalra 1987 Supp(1)SCC 399, G. Ramegowda, Major v. Sp. Land Acquisition Officer [1988] 3 SCR 198, Scheduled Caste Co-op. Land Owning Society Ltd. v. Union of India AIR 1991 SC 730, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not because on the expiry of such time a bad cause would transform into a good cause. The object of providing legal remedy is to repair the damage caused by reason of legal injury. If the explanation given does not smack mala fides or is not shown to have been put forth as a part of a dilatory strategy, the Court must show utmost consideration to the suitor. In this context it was observed in 2008(228) ELT 162(SC) : 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 only if the delay is within a certain limit. Length of delay is no matter, acceptability of the explanation is the only criterion. Sometimes delay of the shortest range may be uncontainable due to a want of acceptable explanation whereas in certain other cases, delay of a very long range can be condoned as the explanation thereof is satisfactory. Once the Court accepts the explanation as sufficient, it is the result of positive exercise of discretion and normally the superior Court should not disturb such finding, much less in revisional jurisdiction, unless the exercise of discretion was on wholly unte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India. The right to free legal aid and speedy trial are guaranteed fundamental rights under Article 21 of the Constitution. The preamble to the Constitution of India assures 'justice, social, economic and political'. Article 39A of the Constitution provides 'equal justice' and 'free legal aid'. The State shall secure that the operation of the legal system promotes justice. It means justice according to law. In a democratic polity, governed by rule of law, it should be the main concern of the State, to have a proper legal system. Article 39A mandates that the State shall provide free legal aid by suitable legislation or schemes or in any other way to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. The principles contained in Article 39A are fundamental and cast a duty on the State to secure that the operation of the legal system promotes justice, on the basis of equal opportunities and further mandates to provide free legal aid in any way-by legislation or otherwise, so that justice is not denied to any citizen by reason of economic or other disabilities. The crucial words are (the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g remedies before the judicial forums, the Appellant had not acted bona fide. Therefore, it was an eminently fit case for exercise of power under Section 24-A(2) of the Act. Unfortunately, the National Commission rejected the Appellant's prayer for condonation of delay on a totally flimsy ground that she had not been able to substantiate the assertion about her having made representation to the Respondents for grant of compensation. 15. In the case in hand, the High Court, vide its impugned judgment dated 21.03.2012 held that the appellant has not provided sufficient grounds for delay in filing the appeal. This decision of the High Court is unsustainable in law. The appellant has categorically stated that he went to his advocate s office at Neyyattinkara on 24.05.2011 to enquire about the status of the suit. His advocate informed him that the learned sub Judge has rejected the suit on 11.8.2008 for non-payment of balance court fee. The advocate claimed that he has informed the same to the appellant through a postal card but the appellant claims that the same has not reached him and he was under the impression that his application for extension of time for payment of court f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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