Case Note & Summary
The dispute arose from a civil appeal concerning the eviction of a tenant under the Haryana Urban Rent (Control of Rent and Eviction) Act, 1973. The landlord, Balwant Singh, sought to evict the tenant for non-payment of rent, which was contested by the tenant on the grounds of title. The High Court set aside the orders of the Appellate Authority and the Rent Controller, leading to a Special Leave Petition before the Supreme Court. During the pendency of the appeal, Balwant Singh passed away on 28th November 2007, and no steps were taken to bring his legal representatives on record for an extended period. An application for condonation of delay was filed on 15th April 2010, which was contested by the non-applicants. The court noted that the applicants failed to provide a satisfactory explanation for the delay and acted with negligence. The court emphasized that the onus was on the applicants to demonstrate sufficient cause for the delay, which they did not. The court referred to various precedents regarding the principles of condonation of delay and the necessity of acting with diligence. Ultimately, the court dismissed the applications for condonation of delay and the appeal, stating that the applicants had not approached the court with clean hands and had not shown any bona fide reasons for their inaction. The appeal was dismissed without costs.
Headnote
A) Civil Procedure - Condonation of Delay - Sufficient Cause - Code of Civil Procedure, 1908, Order 22, Rule 9 and Section 5 of the Limitation Act, 1963 - The court held that the applicants failed to show sufficient cause for the delay of 778 days in bringing the legal representatives on record, as their conduct was negligent and lacked bona fides. The appeal was dismissed due to abatement as the legal representatives were not brought on record within the stipulated time (Paras 18-30).
Issue of Consideration
Whether the delay in filing the application for bringing legal representatives on record can be condoned.
Final Decision
The Supreme Court dismissed the applications for condonation of delay and the appeal, stating that the applicants failed to show sufficient cause for the delay of 778 days in bringing the legal representatives on record. The appeal was dismissed without costs.
Law Points
- Condonation of delay
- Abatement of appeal
- Legal representatives
- Sufficient cause
- Order 22 CPC
- Section 5 Limitation Act
