Case Note & Summary
The petitioners, Smt. Sitabai Ramrao Shirodkar and others, filed a writ petition in the High Court of Bombay at Goa challenging an order dated 18th July 2001 passed by the lower Appellate Court condoning a delay of almost three years in filing an appeal by the respondent, Shri Suresh Rauji Dabholkar, against the judgment and decree of the trial Court. The petitioners argued that there was abundant material before the lower Appellate Court to establish gross negligence on the part of the respondent in filing the appeal, and that the court had not considered this material while condoning the delay. The High Court, after hearing the petitioners' counsel, Mr. Ranjit Satardekar, and noting that the respondent was absent despite service, found that the lower Appellate Court had condoned the delay without imposing costs and without giving any findings on the material showing gross negligence. The High Court held that the order condoning delay was unsustainable and set it aside, allowing the writ petition. The court emphasized that in cases of inordinate delay, courts must consider the conduct of the party and may impose costs to compensate the opposite party.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Gross Negligence - The lower Appellate Court condoned a delay of almost three years in filing the appeal without imposing costs and without considering material showing gross negligence on the part of the respondent. The High Court held that the order condoning delay was unsustainable as the court failed to consider the material placed by the petitioners and did not impose costs despite the inordinate delay. (Paras 2-3)
Issue of Consideration
Whether the lower Appellate Court was justified in condoning a delay of almost three years in filing the appeal without imposing costs and without considering material showing gross negligence on the part of the respondent.
Final Decision
The High Court allowed the writ petition and set aside the order dated 18th July 2001 condoning the delay.
Law Points
- Condonation of delay
- gross negligence
- imposition of costs
- Section 5 of Limitation Act
- 1963
Case Details
2005 LawText (BOM) (04) 190
Writ Petition No. 471 of 2004
Mr. Ranjit Satardekar for the petitioners
Smt. Sitabai Ramrao Shirodkar, Shri Vardhaman Ramrao Shirodkar, Shri Gajanan Ramrao Shirodkar, Shri Vijaykumar Ramrao Shirodkar
Shri Suresh Rauji Dabholkar
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Nature of Litigation
Writ petition challenging an order condoning delay in filing an appeal.
Remedy Sought
Petitioners sought quashing of the order dated 18th July 2001 condoning delay of almost three years in filing the appeal by the respondent.
Filing Reason
The lower Appellate Court condoned the delay without imposing costs and without considering material showing gross negligence on the part of the respondent.
Previous Decisions
The trial Court passed a judgment and decree against the respondent. The respondent filed an appeal with a delay of almost three years, which was condoned by the lower Appellate Court on 18th July 2001.
Issues
Whether the lower Appellate Court was justified in condoning a delay of almost three years without imposing costs?
Whether the lower Appellate Court failed to consider material showing gross negligence on the part of the respondent?
Submissions/Arguments
Petitioners submitted that there was abundant material before the lower Appellate Court to establish gross negligence on the part of the respondent in filing the appeal.
Petitioners argued that the lower Appellate Court did not consider the material and gave no findings based on it.
Ratio Decidendi
The lower Appellate Court condoned an inordinate delay of almost three years without imposing costs and without considering material showing gross negligence. Such an order is unsustainable as it fails to exercise discretion judicially.
Judgment Excerpts
The lower Appellate Court has condoned the delay even without imposing costs.
There was abundant material before the lower Appellate Court to establish gross negligence on the part of the respondent in filing the appeal and that the lower Appellate Court has not considered the material and as such no findings have been given on the basis of the material placed by the petitioners herein.
Procedural History
The trial Court passed a judgment and decree against the respondent. The respondent filed an appeal with a delay of almost three years. The lower Appellate Court condoned the delay on 18th July 2001. The petitioners challenged this order by filing Writ Petition No. 471 of 2004 in the High Court of Bombay at Goa.
Acts & Sections
- Limitation Act, 1963: Section 5
