Karjan Municipality And Nagar ... vs President
2023 Latest Caselaw 6981 Guj

                                                                                         NEUTRAL CITATION




     C/SCA/5975/2017                                      ORDER DATED: 21/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 5975 of 2017

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            KARJAN MUNICIPALITY AND NAGAR SEVA SADAN,
                              Versus
                           PRESIDENT
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Appearance:
MR DEEPAK P SANCHELA(2696) for the Petitioner(s) No. 1
MR VC VAGHELA(1720) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                Date : 21/09/2023

                                   ORAL ORDER

1. The petitioner challenges judgment and order dated 6.2.2016 passed by the learned Additional District Judge, Vadodara in CMA No.152 of 2016, whereby the learned Judge rejected the application filed by the petitioner seeking condonation of delay of 103 days caused in preferring first appeal against the judgment delivered in Regular Civil Suit No.15 of 2010.

2. Heard learned advocate Mr. Deepak Sanchela for the petitioner and learned advocate Mr. VC Vaghela for the respondent.

3. What appears from the record that the learned appellate Court instead of deciding the aspect whether delay is deliberate or mala fide, decided the application on some other consideration. It is to be noted that while deciding the delay

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condonation application, the Court was required to take liberal approach to advance the substantial justice.

4. In the present case, the petitioner is Karjan Nagarpalika. The decision making process in the Nagarpalika is expected to be run from the hierarchy from table to table. The delay of 103 days, which is sought to be condoned, is of not so bigger and in that circumstances, delay is required to be condoned and the parties are allowed to advance their cause to be decided on merits.

5. At this juncture, I may refer to the decision of the Hon'ble Apex Court in case of Collector, Land Acquisition, Anantnag and Anr. Vs. Msr. Katji and Ors. reported in AIR 1987 SC 1353, wherein the Hon'ble Apex Court has observed as under:-

"1. Ordinarily a litigant does not stand to benefit by lodging an appeal late.

2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is con- doned the highest that can happen is that a cause would be decided on merits after hearing the parties.

3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational common sense pragmatic manner.

4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.

5. There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on

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account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk.

6. It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so."

6. For the foregoing reasons, present petition is allowed and judgment and order dated 6.2.2016 passed by the learned Additional District Judge, Vadodara in CMA No.152 of 2016 is hereby quashed and set aside provided that the petitioner pays Rs.1000/- towards cost in DLSA, Vadodara within two weeks from today.

7. If no office objection is there, Registry of the concerned District Court shall register the appeal.

8. Since the issue is pending since long, It is expected from the learned appellate Court to make an endevaour to decide and dispose of the case pending before it sooner as possible, preferably within 15 months from the date of receipt of writ of this order.

(J. C. DOSHI,J) SHEKHAR P. BARVE