Case Note & Summary
The Supreme Court allowed the appeal filed by the State of Manipur and others against the judgment of the High Court of Manipur, which had refused to condone the delay of 312 days in filing the Regular First Appeal. The dispute arose from a decree passed by the Civil Judge (Senior Division), Chandel, in O.S. No. 4 of 2015, directing the State to vacate and handover Schedule 'C' and 'D' land, which the State claimed was of strategic importance. The State initially filed an appeal before the District Judge, Imphal West, on 15.06.2017, which was dismissed for lack of pecuniary jurisdiction on 28.07.2017. Thereafter, the State filed a Regular First Appeal before the High Court with a delay of 312 days. The High Court found that the delay was not adequately explained, particularly for the period between 18.07.2016 and 15.06.2017, and dismissed the condonation application. The Supreme Court held that the High Court should have considered the bureaucratic delay inherent in government decision-making and the strategic importance of the land. The Court condoned the delay subject to payment of costs of Rs. 50,000/- by the appellants and restored the Regular First Appeal for hearing on merits. The Court also directed the Executing Court to refund the sum of Rs. 15,00,000/- deposited by the State, with accrued interest, and made the issue of possession subject to the final decision of the High Court.
Headnote
A) Limitation Act - Condonation of Delay - Sufficient Cause - Bureaucratic Delay - The court considered whether the delay in filing the appeal by the State should be condoned, noting the impersonal nature of government functioning and the need to avoid injustice to the State's institutional interest. Held that the delay was condoned subject to costs, and the appeal should be heard on merits (Paras 8-12).
B) Civil Procedure - First Appeal - Restoration - The Supreme Court, exercising jurisdiction under Article 136, set aside the High Court's order refusing to condone delay and restored the Regular First Appeal for consideration on merits, with the issue of possession subject to the final decision of the High Court (Paras 12-13).
Issue of Consideration
Whether the High Court was justified in refusing to condone the delay of 312 days in filing the Regular First Appeal by the State of Manipur, considering the bureaucratic delay and the strategic importance of the land involved.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, condoned the delay in filing the Regular First Appeal subject to payment of costs of Rs. 50,000/- by the appellants, and directed the High Court to restore and consider the RFA on merits. The Executing Court was directed to refund Rs. 15,00,000/- with accrued interest to the State.
Law Points
- Condonation of delay
- Sufficient cause
- Bureaucratic delay
- Government appeals
- Limitation Act
- Article 136 of Constitution of India
Case Details
2019 LawText (SC) (10) 72
Civil Appeal No. 8298 of 2019 (@ SLP (C) No. 22541 of 2018)
R. Banumathi, A.S. Bopanna, Hrishikesh Roy
The State of Manipur & Ors.
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Nature of Litigation
Civil appeal against High Court order refusing to condone delay in filing Regular First Appeal.
Remedy Sought
The State of Manipur sought condonation of delay of 312 days in filing the Regular First Appeal against the decree of the Civil Judge.
Filing Reason
The State's appeal was initially filed before the wrong forum (District Judge) and was dismissed for lack of pecuniary jurisdiction, leading to delay in filing before the High Court.
Previous Decisions
The High Court of Manipur dismissed the condonation application on 27.11.2017, finding no explanation for the delay between 18.07.2016 and 15.06.2017.
Issues
Whether the High Court erred in refusing to condone the delay of 312 days in filing the Regular First Appeal by the State.
Whether the bureaucratic delay and strategic importance of the land constitute sufficient cause for condonation of delay.
Submissions/Arguments
Appellant (State): The delay was due to a bonafide mistake in filing before the wrong forum and bureaucratic delay; the land is of strategic importance.
Respondent: The execution proceedings concluded on 11.07.2018 and possession was handed over, so nothing survives in the appeal.
Ratio Decidendi
In cases involving the State, courts should consider bureaucratic delay and the impersonal nature of government functioning when deciding condonation of delay, especially when the subject matter involves strategic importance and public interest. The interest of justice may require condonation of delay to allow the appeal to be heard on merits.
Judgment Excerpts
Regard should be had in similar such circumstances to the impersonal nature of the Government’s functioning where individual officers may fail to act responsibly.
If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected.
Therefore to avoid injustice to the State’s interest and considering the special circumstances in the matter at issue, we deem it appropriate to exercise our jurisdiction under Article 136 of the Constitution of India and interfere with the impugned order of the High Court of Manipur.
Procedural History
The Civil Judge (Senior Division), Chandel passed a decree in O.S. No. 4 of 2015 on 18.07.2016. The State filed an appeal before the District Judge, Imphal West on 15.06.2017, which was dismissed for lack of pecuniary jurisdiction on 28.07.2017. The State then filed a Regular First Appeal before the High Court of Manipur with a delay of 312 days. The High Court dismissed the condonation application on 27.11.2017. The State appealed to the Supreme Court via SLP (C) No. 22541 of 2018, which was converted to Civil Appeal No. 8298 of 2019.
Acts & Sections
- Constitution of India: Article 136
