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Neutral Citations
2001 INSC 301
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
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Acts
  • Section 5 of the Limitation Act
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Cites
Cited by
Citation Codes
Neutral Citations
2001 INSC 301
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Section 5 of the Limitation Act
Smart Summary

Factual and Procedural Background

The appellant sought condonation of a delay of seven days in filing an appeal against the judgment in Special Civil Suit No. 5 of 1995 on the file of the Civil Judge, Senior Division, Amalner. The Miscellaneous Civil Application No. 21 of 1997 was dismissed by the Additional District Judge, Amalner, on 16-3-1998. Thereafter, the High Court of Bombay, Aurangabad Bench, dismissed Civil Revision Application No. 884 of 1999 on 7-8-2000, declining to interfere. The present appeal challenges those two orders.

Legal Issues Presented

  1. Whether the Additional District Judge correctly exercised discretion under Section 5 of the Limitation Act, 1963 in refusing to condone a seven-day delay.
  2. Whether the High Court, in revision under Section 115 of the Code of Civil Procedure, ought to have corrected the alleged jurisdictional error committed by the appellate court.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
State of W.B. v. Administrator, Howrah Municipality (1972) 1 SCC 366 Liberal construction of the term “sufficient cause” under Section 5 of the Limitation Act. Invoked to highlight that rejection of a short delay contradicts settled law requiring a liberal approach.
Sandhya Rani Sarkar v. Sudha Rani Debi (1978) 2 SCC 116 Affirms the principle of advancing substantial justice when considering condonation of delay. Used to reinforce that a pragmatic, justice-oriented view is mandated in short-delay cases.

Court's Reasoning and Analysis

The Court observed that the appellate judge faulted the appellant for: (i) applying for a certified copy only on 5-6-1997 though the judgment was delivered on 30-4-1997, and (ii) citing illness while still filing the appeal during the illness period. The Supreme Court noted that the trial court was in vacation from 1-5-1997 to 1-6-1997—an aspect overlooked below—effectively accounting for most of the delay.

Invoking Section 5 of the Limitation Act, the Court stressed a pragmatic and liberal approach, especially where the delay is minimal. Distinguishing between short and inordinate delays, it held that a seven-day delay calls for indulgence rather than stringent scrutiny. The discretion exercised by the Additional District Judge was deemed contrary to the Supreme Court’s settled jurisprudence on “sufficient cause,” and the High Court’s failure to rectify that error constituted a jurisdictional lapse.

Holding and Implications

ORDER: The appeal is allowed; the orders of the High Court and the Additional District Judge are set aside. The delay of seven days is condoned, and the appeal is restored to the file of the Additional District Judge, Amalner, for disposal on merits.

Implications: The decision directly enables the appellant’s appeal to be heard on merits. It reiterates, without creating new precedent, the established principle that short delays should ordinarily be condoned to advance substantial justice.

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    Vedabai Alias Vaijayanatabai Baburao Patil v. Shantaram Baburao Patil And Others

    Order

    1. Leave is granted.

    2. Heard learned counsel for the parties.

    3. This appeal is directed against the order of the High Court of Bombay, Aurangabad Bench in Civil Revision Application No. 884 of 1999 dated 7-8-2000, declining to interfere with the order of the Additional District Judge, Amalner, dated 16-3-1998 dismissing Miscellaneous Civil Application No. 21 of 1997. The appellant made that application for condonation of delay of 7 days in filing the appeal against the order of the trial court in Special CS No. 5 of 1995 on the file of the Civil Judge, SD, Amalner.

    4. A perusal of the order of the learned Additional District Judge shows that he found fault with the appellant on two grounds: (i) the judgment under appeal was delivered on 30-4-1997 but the application for certified copy was made on 5-6-1997, and (ii) in regard to the averment in the affidavit, filed in support of the application, her illness was given as a reason for the delay; it was pointed out that while she was still ill she filed the appeal. For those two reasons the application to condone the delay of seven days in filing the appeal was dismissed. It appears that the fact that during the period from 1-5-1997 to 1-6-1997 the court was in vacation, has escaped the attention of the learned Appellate Judge. To avert further delay in filing the appeal, as soon as she felt a little better she filed the appeal. This depicts her anxiety to minimise the delay rather than falsity of her case or mala fides.

    5. In exercising discretion under Section 5 of the Limitation Act the courts should adopt a pragmatic approach. A distinction must be made between a case where the delay is inordinate and a case where the delay is of a few days. Whereas in the former case the consideration of prejudice to the other side will be a relevant factor so the case calls for a more cautious approach but in the latter case, no such consideration may arise and such a case deserves a liberal approach. No hard-and-fast rule can be laid down in this regard. The court has to exercise the discretion on the facts of each case keeping in mind that in construing the expression “sufficient cause”, the principle of advancing substantial justice is of prime importance. In our view in this case, the approach of the learned Additional District Judge is wholly erroneous and his order is unsustainable. It is evident that the discretion under Section 5 of the Limitation Act is exercised by the Additional District Judge in contravention of the law laid down by this Court, that the expression “sufficient cause” should receive liberal construction, in a catena of decisions (see State of W.B v. Administrator, Howrah Municipality (1972) 1 SCC 366 and Sandhya Rani Sarkar v. Sudha Rani Debi (1978) 2 SCC 116). The High Court in exercising its jurisdiction under Section 115 CPC failed to correct the jurisdictional error of the appellate court.

    6. For the aforementioned reasons, we set aside the impugned order of the High Court as also of the Additional District Judge, Amalner (the appellate court), condone the delay of seven days in filing the appeal, restore the appeal to the file of the Additional District Judge and direct the learned Additional District Judge, Amalner to decide the appeal on merits.

    7. The appeal is accordingly allowed. No costs.

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    Comments

    Vedabai Alias Vaijayanatabai Baburao Patil v. Shantaram Baburao Patil And Others
    (Jul 20, 2001)