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1998 DIGILAW 635 (PAT)

State Of Bihar v. Madan Mohan Pradhan

1998-09-05

B.M.LAL, S.K.SINGH

body1998
Judgment B. M. Lal, S. K. Singh, J. 1. The present application under Sec.5 of the Limitation act has been filed for condoning the delay of 679 days in preferring the Letters patent Appeal. 2. The impugned judgment was passed on 6th May, 1996 by the learned Writ Court and the present appeal has been filed on 15-5-98. 3. The contention of learned Counsel for the appellant is that the writ application was disposed of by order dated 6th May, 1996 along with other analogous writ applications. The present appeal has been preferred on 15-5-98. A Letters Patent Appeal is to be preferred within 30 days from passing of the impugned judgment. If the said period of 30 days if deducted still the present appeal is barred by 679 days. 4. In the present application for condoning the delay it has been stated that initially the State Government took a view that the order of the writ Court should be complied with. Subsequent thereto Screening Committee was constituted and the list of the petitioners in all the analogous applications was prepared. The same was sent before the Screening Committee but as the same required reviewing report submitted by the earlier Screening Committee, as such, a decision was taken that another screening Committee, should be constituted whose members should be higher in rank than those of the earlier Screening Committee. In this way time was consumed in constituting one screening committee after another screening committee. Subsequent thereto, it has been stated that the file was endorsed to the Minister incharge of the department with the recommendation of the screening committee and after the endorsement of the concerned Minister, the same" was placed for consideration before another screening committee. In this way time was consumed in the department itself in moving the file one table to -another table and from one official to another official. It has further been stated that when a draft was prepared and produced before the Director he by verbal order directed that the cases of other 350 retrenched employees should also be placed before the screening committee for consideration. In this way more time was consumed. It has further been stated that when a draft was prepared and produced before the Director he by verbal order directed that the cases of other 350 retrenched employees should also be placed before the screening committee for consideration. In this way more time was consumed. However, when the final draft was prepared and after endorsement from the officials at different levels the same was sent to the law Secretary and after its approval on the advice of the Chief Secretary, the file was sent to the Finance Secretary for his opinion. The finance Secretary also granted his approval regarding taking back the writ petitioners into service and further directed that responsibility be fixed on the persons who were responsible for not complying with the Courts order passed in the writ applications. The said draft was approved by the Chief Minister and Minister incharge. Hbwever, on 24-7-97 the file was again referred by the Secretary of the concerned department to the Law Secretary who asked him to recall his discussion that the a. A. G. III who has advised to file an appeal and subsequent thereto decision regarding filing the appeal was taken. Thereafter, on 11-8-97 the file was sent to the department by the Law Secretary for filing the appeal. Though a decision regarding filing of appeal had been taken on 11-8-97 still the appeal has been filed on 15-5-98 no explanation whatsoever for inordinate delay in filing the appeal from endorsement of the records from the law department to the department concerned has been furnished. 5. We also fail to understand that if a decision had to be taken for filing any appeal, the same should have been taken at the earliest stage in the present case when from all the levels including the level of Chief Minister the matter was cleared and the same was also cleared by the screening committee, why at the last moment a decision has been taken to prefer the appeal. The learned Counsel for the respondents suggested that the same has only been filed as a counter blast as the writ petitioners had already moved this Court by filing a contempt application. If the said assertion is true and the present LP. The learned Counsel for the respondents suggested that the same has only been filed as a counter blast as the writ petitioners had already moved this Court by filing a contempt application. If the said assertion is true and the present LP. A. has been filed only as a counter blast to save themselves from contempt and is based on non-application of mind, such an action and that too on the part of state requires to be depricated. 6. The short question which is required to be considered is whether sufficient cause or good cause has been shown for condoning the inordinate delay of 679 days. 7. Though sufficient cause or good cause is not defined under Sec.2 of the limitation Act but all the same it means and so far has been construed as beyond th", control of the parties seeking indulgence for extension of period of limitation. From a bare perusal of Sec.5 of the Limitation Act and its preamble, it is manifest that the Limitation act is an exhaustive Code governing the law of limitation in respect of matters specially dealt with by it. That is why the law of limitation is a panacea to prevent the disturbance or deprivation of what may have been acquired in equity and justice or what may. have been lost by parties own inaction, negligence or laches. In maqbul Ahmad and Ors. V/s. Onkar Narain singh and Ors. It is held that the Courts are not permitted to travel beyond the provisions of the Act or to supplement them. It is also held that Court cannot grant exemption from limitation on equitable consideration or on the ground of hardship. 8. Thus, the object of the law of limitation is well known that interest of the State requires that there should be an end of the litigation. In Boota Mal V/s. Union of India, it has been held that equitable considerations are out of place and the strict grammatical meaning of the words is the only safe guide in interpreting the statute of limitation. Therefore, the statute of limitation like other statutes ought to receive such construction as the language in plain meaning imports. 9. As has already been stated above, in the present case after receipt of the copy of the judgment a decision has already been taken for implementing the said order. Therefore, the statute of limitation like other statutes ought to receive such construction as the language in plain meaning imports. 9. As has already been stated above, in the present case after receipt of the copy of the judgment a decision has already been taken for implementing the said order. However, subsequently, when the same has already been endorsed and approved from the highest level, i. e. , the Chief Minister, the Minister in-charge and the Secretary of the Department as well as the Law Department, a decision has been taken to file the appeal. What weighed previ ously before the Government in the decision to implement the judgment and subsequently after consuming such a long time when the draft has already been approved at the highest level why a subsequent decision has been taken to file the appeal has not been stated. Even after taking the decision of filing the appeals, the same have been filed after 9 months, which has not been explained at all. Whether such action of the appellants can be termed as reasonably diligent in prosecuting the appeal. If stated that he attend the ailing mother. In the cross-examination of these two witnesses, nothing could he brought to show that either they were telling lies or the mother was not unwell. The respondent has been examined as a witness and has clearly admitted that the present appellant came to the Court at about 11.30 p. m. This clearly supports the contention of the appellant that he was in the Court at aoout 1/1.30 p. m. A Court should not be hypertechnical in such matters. The provisions of Order 9 are to be liberally construed as these are not enacted for imposing penalty or awarding punishment. If the husband considers that attending the ailing mother was to be given priority in comparison to entering into litigation with the wife, no fault can be found with him because the law nowhere provides that even at the cost of the ailing mother, one must attend the Court. When the law provides that an ex-parte decree can be set aside on proof of sufficiency of the cause, then the Court must be liberal. The Court befow was not justified in observing that the appellant should nave made arrangements for sending the information to the Counsel who was to appear for him. When the law provides that an ex-parte decree can be set aside on proof of sufficiency of the cause, then the Court must be liberal. The Court befow was not justified in observing that the appellant should nave made arrangements for sending the information to the Counsel who was to appear for him. The appellant has clearly stated that he had come to the Court at about 1 p. m. and he found his counsel coming from High Court. If these facts are read in juxtaposition, it would show that the appellant was really keen to attend the court proceedings and for that only reason, he came to the Court.7. The Court below was unjustified in rejecting the application filed under Order 9, Rule 13, Civil Procedure Code and Order 9 Rule 9, civil Procedure Code.8. The appeals deserve to and are accordingly allowed. The ex-parte decree for restitution of conjugal rights is set aside. Similarly, dismissal of appellants counter claim seeking the divorce is also set aside and the proceedings are restored back. The trial Court is directed to restore the suit to its original number and proceed with the trial in accordance with law. present before the trial Court on 2nd March, 1998. As the matter had already reached the stage of evidence, it is expected of the parties that without loss of time they would produce their evidence; enabling the trial Court to decide the matter at its earliest. 10. The appeals are allowed. No costs. Appeals allowed.