Case Note & Summary
The Municipal Corporation of Greater Mumbai filed an application for condonation of delay of 235 days in filing a first appeal against a decision of the Small Causes Court at Bombay dated 25th September 2004 in Appeal No.61 of 1999. The applicant applied for a certified copy on 27th October 2004, which was beyond the period of limitation, and collected it on 30th November 2004. The appeal was presented on 13th June 2005, resulting in a delay of 235 days as computed by the registry. In the application, the only explanation offered was that after obtaining the certified copy and studying the case papers, the Deputy Law Officer took orders from the Law Officer to go in appeal, and that the delay was unintentional. Respondents No.1 and 2 filed a reply opposing the delay application on 29th October 2005, but no rejoinder affidavit was filed by the applicant. The court noted that the explanation was vague and did not disclose any sufficient cause for the delay. No affidavit from the concerned officer was filed, and no details were given as to what happened between 30th November 2004 and 13th June 2005. The court held that the delay could not be condoned as a matter of routine and dismissed the application with costs of Rs.2,500 payable to the respondents.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The applicant, Municipal Corporation, sought condonation of 235 days delay in filing appeal against Small Causes Court decision - The only explanation was that after obtaining certified copy, the Deputy Law Officer took orders from Law Officer to go in appeal - No affidavit from concerned officer, no details of internal processing, no explanation for period between 30.11.2004 and 13.6.2005 - Held that such vague explanation does not constitute sufficient cause, especially when no rejoinder was filed to respondent's opposition - Delay cannot be condoned as a matter of routine (Paras 2-4).
Issue of Consideration
Whether the delay of 235 days in filing the first appeal should be condoned on the grounds stated by the applicant Municipal Corporation.
Final Decision
Application dismissed with costs of Rs.2,500 payable to the respondents.
Law Points
- Condonation of delay
- Sufficient cause
- Limitation Act
- 1963 Section 5
- Negligence of government department
- Duty to explain delay day by day
