TMI Blog2015 (9) TMI 117X X X X Extracts X X X X X X X X Extracts X X X X ..... y enough in the application for condonation of delay no sufficient cause has been shown which entitle the respondent to get a favourable order for condonation of delay. Decree passed in the year 1967 was in respect of declaration of title and permanent injunction restraining the Respondent-State from interfering with the possession of the suit property of the plaintiff-appellant. It is evident that when the State tried to interfere with possession the decree holder had no alternative but to levy the execution case for execution of the decree with regard to interference with possession. In our opinion their delay in filing the execution case cannot be a ground to condone the delay in filing the revision against the order refusing to ente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pect of the suit property and also for a decree for permanent injunction restraining the Respondent-State from interfering with the possession of the suit property. The suit was contested by the Respondent- State of West Bengal by filing written statement. The Trial court passed a contested decree in favour of the appellant in respect of the suit property in terms of judgment and decree dated 7.8.1969. Dissatisfied with the judgment and decree the Respondent State filed an appeal being Title Appeal No.653 of 1969. The appeal was finally heard and dismissed by the Additional District Judge, 1st Court Midnapore on 13.8.1970. No further appeal or revision was filed by the Respondent-State. The appellant-decree holder then put the decree in e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecall of the writ of attachment. The executing court after hearing the respondent-State rejected the said petition by order dated 15.9.2011. For better appreciation, the order dated 15.9.2011 is reproduced herein-below:- The record is put up for petition filed by the Jdr. Who also files a petition under Section 47 of C.P.C. for setting aside the decree passed by the Court in T.S. 483/1967 along with a petition for recalling the writ of execution. Copy served and objected to: It manifest from the record that decree in T.S. 483/67 was passed on 7.8.1969. Apparently, an appeal was preferred by the defendants/state against such judgment and decree, but the same was also dismissed. Eventually, the decree holder files the instant execut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8.2011 is consequently rejected. To date. 7. After the said objection under Section 47 was rejected on 15.9.2011, the Respondent-State filed a Civil Revision before the District Judge challenging the earlier order dated 17.8.2010, whereby the objection under Section 47 C.P.C. in miscellaneous case No.18 of 2010 was dismissed. Along with the said revision petition, a separate application under Section 5 of the Limitation Act was filed for condonation of delay in filing the revision petition. The learned District Judge stayed the operation of the order dated 17.8.2010 on the ground that the interest of the State will be adversely affected and the very object of the filing the revision petition will be frustrated. The said stay order was p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Courts albeit liberally considered the prayer for condonation of delay but in some cases the Court may refuse to condone the delay in as much as the Government is not accepted to keep watch whether the contesting respondent further put the matter in motion. The delay in official business requires its pedantic approach from public justice perspective. In a recent decision in the case of Union of India vs. Nirpen Sharma AIR 2011 SC 1237 the matter came up against the order passed by the High Court condoning the delay in filing the appeal by the appellant-Union of India. The High Court refused to condone the delay on the ground that the appellant-Union of India took their own sweet time to reach the conclusion whether the judgment sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent-State from interfering with the possession of the suit property of the plaintiff-appellant. It is evident that when the State tried to interfere with possession the decree holder had no alternative but to levy the execution case for execution of the decree with regard to interference with possession. In our opinion their delay in filing the execution case cannot be a ground to condone the delay in filing the revision against the order refusing to entertain objection under Section 47 CPC. This aspect of the matter has not been considered by the High Court while deciding petition for condoning the delay. Merely because the Respondent is the State, delay in filing the appeal or revision cannot and shall not be mechanically considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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