Case Note & Summary
The State of Maharashtra, through the Collector, Sangli, filed a Writ Petition under Article 227 of the Constitution of India challenging the order dated 25 October 2012 passed by the District Judge-1, Sangli, rejecting Miscellaneous Application No.286 of 2008. That application was filed by the State under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 2 years and 2 months in filing an appeal against the judgment and decree dated 30 August 2006 passed in Regular Civil Suit No.321 of 1994 by the Civil Judge, Senior Division, Sangli. The suit was filed by the original plaintiff Shankar Mayappa Kamble (since deceased, represented by legal representatives) against the State and the Devasthan Vyavasthapan Samitee. The State contended that the delay was caused due to administrative procedures, including transfer of files and obtaining sanctions. The District Judge found that the explanation was not satisfactory and that the State had not shown sufficient cause for the delay. The High Court, after hearing arguments, held that the discretion exercised by the District Judge was sound and not perverse. The Court noted that the State had not provided any cogent reasons for the inordinate delay and that mere administrative delays are not sufficient to condone delay under Section 5 of the Limitation Act. The petition was dismissed, and the order of the District Judge was upheld.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Sufficient Cause - The State sought condonation of 2 years and 2 months delay in filing appeal against decree in Regular Civil Suit No.321 of 1994. The District Judge rejected the application on ground of lack of sufficient cause. The High Court upheld the rejection, holding that the explanation of administrative delays and transfer of files did not constitute sufficient cause, and the discretion exercised by the District Judge was not perverse or arbitrary. (Paras 1-9)
Issue of Consideration
Whether the District Judge erred in rejecting the application for condonation of delay filed by the State under Section 5 of the Limitation Act, 1963, for filing an appeal against the judgment and decree in Regular Civil Suit No.321 of 1994.
Final Decision
The High Court dismissed the Writ Petition, upholding the order of the District Judge-1, Sangli dated 25 October 2012 rejecting the application for condonation of delay. No order as to costs.
Law Points
- Condonation of delay
- Section 5 of Limitation Act
- 1963
- Sufficient cause
- Discretion of court
- Article 227 of Constitution of India
Case Details
2018 LawText (BOM) (03) 46
Writ Petition No.5854 of 2013
Dr. Shalini Phansalkar-Joshi
Mr. S.H. Kankal, A.G.P., for the Petitioner-State; Ms. Tanmayi Gadre, i/by Mr. Yogesh S. Sankpal, for Respondent Nos.1(A) to 1(I)
The State of Maharashtra, Through the Collector, Sangli
1. Shankar Mayappa Kamble (Since Deceased), Through LRs: 1(A) Akkatai Shankar Kamble, 1(B) Maruti Shankar Kamble, 1(C) Padmavati Baban Hirve, 1(D) Shobha Jagdish Mane, 1(E) Bapuso Shankar Kamble, 1(F) Seema Shyamrao Oval, 1(G) Sushila Rajaram Mane, 1(H) Kavita Rajan Bhise, 1(I) Sangita Sukhdev Kamble; 2. Devasthan Vyavasthapan Samitee, Western Maharashtra, Kolhapur
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Nature of Litigation
Writ Petition under Article 227 of Constitution of India challenging rejection of application for condonation of delay in filing appeal against civil decree.
Remedy Sought
The Petitioner-State sought to set aside the order dated 25 October 2012 of the District Judge-1, Sangli, rejecting its application for condonation of delay, and to condone the delay in filing the appeal.
Filing Reason
The State's appeal against the judgment and decree dated 30 August 2006 in Regular Civil Suit No.321 of 1994 was delayed by 2 years and 2 months, and the application for condonation of delay was rejected by the District Judge.
Previous Decisions
The Civil Judge, Senior Division, Sangli, passed judgment and decree in Regular Civil Suit No.321 of 1994 on 30 August 2006. The State filed Miscellaneous Application No.286 of 2008 for condonation of delay, which was rejected by the District Judge-1, Sangli on 25 October 2012.
Issues
Whether the District Judge erred in rejecting the application for condonation of delay under Section 5 of the Limitation Act, 1963.
Whether the State had shown sufficient cause for the delay of 2 years and 2 months in filing the appeal.
Submissions/Arguments
The Petitioner-State argued that the delay was caused due to administrative procedures, transfer of files, and obtaining sanctions, which constituted sufficient cause.
The Respondents argued that the State failed to provide any cogent explanation for the inordinate delay and that the District Judge rightly exercised discretion in rejecting the application.
Ratio Decidendi
The discretion exercised by the District Judge in rejecting the application for condonation of delay under Section 5 of the Limitation Act, 1963, was not perverse or arbitrary. The State failed to provide sufficient cause for the delay of 2 years and 2 months, and mere administrative delays do not constitute sufficient cause. The High Court, in exercise of its supervisory jurisdiction under Article 227, will not interfere with such discretionary orders unless they are patently illegal or perverse.
Judgment Excerpts
By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioner-State is challenging the order dated 25th October 2012 passed by the District Judge-1, Sangli, thereby rejecting the Civil Miscellaneous Application No.286 of 2008, which was filed by the present Petitioner-State to condone the delay caused in filing the Appeal against the Judgment and Decree passed in Regular Civil Suit No.321 of 1994 on 30th August 2006 by the Civil Judge, Senior Division, Sangli.
Procedural History
Regular Civil Suit No.321 of 1994 was decreed on 30 August 2006 by the Civil Judge, Senior Division, Sangli. The State filed Miscellaneous Application No.286 of 2008 under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 2 years and 2 months in filing the appeal. The District Judge-1, Sangli rejected the application on 25 October 2012. The State then filed Writ Petition No.5854 of 2013 under Article 227 of the Constitution of India before the Bombay High Court, which was dismissed on 14 March 2018.
Acts & Sections
- Limitation Act, 1963: Section 5
- Constitution of India: Article 227
