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1998 DIGILAW 670 (GUJ)

PANKAJ HARIBHAI SHARMA v. ALIMAMAD RAHEMTULA SHEKH

1998-10-16

S.K.KESHOTE

body1998
S. K. KESHOTE, J. ( 1 ) IN this appeal as many as nine objections are pointed out. The first objection is that on the memo of appeal proper and full court fee has not been paid. The learned counsel for the appellant contended that on the memo of appeal court fee of only Rs. 10. 00 is to be paid as the valuation of the appeal is less than Rs. 9,000. 00. There is another objection that this appeal is barred by 227 days. The appellant filed civil application No. 9193 of 1998 and prayer has been made for condonation of delay caused in filing of this appeal. Filing of this application for condonation of delay would unnecessarily cause extra expenses to the poor litigants and this prayer can be made or incorporated in the appeal itself. Be that as it may. In para 4 of the civil application the appellant, a minor, who was injured in a motor vehicular accident, has furnished the explanation for this delay in filing of the appeal, which is as under:"that the delay is due to the fact that the father of the present minor petitioner is a poor, semi-literate person and he being a person of very meagre means, had to gather funds for expenditure of the present appeal and besides , he was unable to know that the appeal has to be filed in this Honble Court within 90 days only and failing which the appeal will be considered time-barred. "father of the minor appellant is a poor semi-literate person and of very meagre means. Delay has been caused for the reason that a considerable time has been taken by this person to arrange for funds for meeting the expenditure for filing of this appeal before this Court. ( 2 ) I am constrained to observe that despite holding of legal literacy camps through out the State regularly, and I have been told that on 2nd October, 1998 - the birth day of Mahatma Gandhi - more than 2000 legal literacy camps were held, through out the State, we totally failed to literate the persons who are really in need of legal services. But if we go by the number of literacy camps which are being held from time to time the figures are alarming and I mayvery frankly say that it provides good statistical figure to be placed in beautiful glass frames or carved on brass. If the number of legal literacy camps is the only consideration, then this programme maybe 100% successful. I had occasion to attend some of the legal literacy camps. I have my own reservation, and I frankly concede, that these are only shows which we organise, but substantially not doing anything to achieve the object and purpose behind these camps. ( 3 ) IN this court I have seen that the percentage of litigants praying for grant of permission to file appeal as indigent person is sufficiently high. I have observed in many of the cases that if such high number of litigants come before this Court praying for permission to file appeal as indigent persons then there is some defect or lacuna in our this programmes. To a considerable extent we fail to pas on the message to the needy persons and to awaken them or to literate them that there is an Authority which provides free legal aid to a category of persons. This is the case where we are unable to awaken and give message to the needy litigants who are unable to file appeal for want of funds for meeting the expenditure. ( 4 ) THIS matter pertains to the claim of compensation by a poor person for the injury suffered by his minor son in a motor vehicular accident. The minor through his next friend could not file appeal within limitation as his father is a man of meagre means and could not arrange for funds for meeting the expenditure. We are talking of literacy camps to give basic knowledge about the rights of citizens; but we have to consider an important aspect that there appears to be two categories of persons in the State - first, who are not involved in any litigation and, second, who are involved in litigation. The percentage of former class of people may be large, but that of latter may be very small. The percentage of former class of people may be large, but that of latter may be very small. The first and foremost steps should have been to give the message and to make the latter class of persons to know that free legal aid is being provided by the State under its constitutional obligation and it is available in the High Court also. Almost all the litigants of this class are coming to this court though advocates. It is understandable that the court may defer payment of court fees in exercise of its powers under Order 33 of C. P. C. But other than court fees the litigants have to spend substantial amount for engaging advocate for rendering professional service in the matter to him and for other incidental expenses. It is difficult to believe, though it may be true in some cases, that the advocates are providing free legal aid to this category and class of persons. It is a matter for concern of the person or persons in charge of these programmes and I hope that the authorities under the Act, 1987 will take into consideration this aspect of the matter and they will make it a point to see that the message of the programmes of free legal aid is being carried on by the State of Gujarat under its constitutional obligations reaches to the really needy persons. To arrange money for filing of this appeal before this Court by the appellant is not one time difficult. Looking to the meagre sources of earnings of the appellant it is all possibility that he would have arranged the money on interest. So all the time to come he under an obligation to discharge liability of interest and principal amount. It is a matter of feeling and realisation how it will be difficult for this poor person to discharge this liability within his meagre sources of earnings. From these facts one thing is clear that our legal literacy camps are not being proved fruitful, purposeful and effective. The Registrar is directed to send copy of this order to the Executive Director of the State Legal Aid Service Board. ( 5 ) THE total compensation in the claim application before Tribunal claimed by the claimant appellant is Rs. 25,000. 00, as against which it has awarded Rs. 19,000. 00. For the balance amount of compensation of Rs. The Registrar is directed to send copy of this order to the Executive Director of the State Legal Aid Service Board. ( 5 ) THE total compensation in the claim application before Tribunal claimed by the claimant appellant is Rs. 25,000. 00, as against which it has awarded Rs. 19,000. 00. For the balance amount of compensation of Rs. 6,000/this appeal has been filed by the claimant. Though the claimants father is a man of meagre means, still he has engaged a senior advocate in the matter and the filing of this appeal would have heavily cost him. In case the appellant, a minor boy through his next friend, who has sustained injury in motor vehicular accident, would have been made known of the free legal aid programme of the State Government, then he would have availed of the facility. Be that as it may. However, prima facie it may be a fit case where delay caused in filing of this appeal deserves to be condoned. ( 6 ) HEARD the learned counsel for the appellant. All objections other than of limitation as pointed out by the office are dispensed with. ( 7 ) THE prayer for condonation of delay of 227 days caused in filing of the appeal shall be deemed to have been incorporated in the appeal itself and the facts as given out in the civil application furnishing explanation for the delay shall also be deemed to have been incorporated in the memo of appeal. In view of this order the civil application stands disposed of. The papers of civil application be tagged with the file of first appeal. ( 8 ) ISSUE notice to the respondents to show cause as to why the delay of 227days caused in filing the appeal should not be condoned and this appeal should not be admitted and finally decided at the admission stage returnable on 5-1-1999. Send for R and P forthwith. .