Upendra Kumar Yadav vs Unknown
2023 Latest Caselaw 3351 Jhar

                                    1

       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     L.P.A. No. 610 of 2018
1.Upendra Kumar Yadav, aged about 28 years, son of late Bhuneshwar Gope
2.Sonu Kumar Yadav, son of late Bhuneshwar Gope
       Both being residents of village Bhaduli ( Pipradih), P.O. & P.S.
       Barkagaon, District-Hazaribag
3.Kiran Devi, wife of Prakash Yadav and D/o late Bhuneshwar Gope
 resident of village Hoda, P.O & P.S. Barhi, District Hazaribag
4.Biran Devi, wife of Surendra Yadav, D/o Late Bhuneshwar Gope
  resident of Mohallah, Hurhuru Gwalatoli, Hazaribagh, P.O-Hazaribag,
  P.S.-Bara Bazar, Hazaribagh, District- Hazaribagh
                                        --- ---Respondents/ Appellants

                                 Versus
1(i). Dilip Pandey, (Son)
1(ii).Ahilya Devi
1(iii). Kiran Devi
1(iv). Sati Devi
1(v).Sarita Devi
  No.ii to v are daughters of late Kedar Pandey
1(vi).Suniti Kumari
1(vii).Swati Kumari
1(viii).Kajal Kumari
1(ix). Chhoti Kumari
  Nos. 1(vi) to 1(ix) are daughters of late Abhay Pandey (predeceased son of late
  Kedar Pandey)
  All are residents of village Horam Shivadih P.O Sandh, P.S. Barkagaon,
  District- Hazaribag
                                                --- ---Petitioner/ Respondent
2.The State of Jharkhand
3.Member Board of Revenue, Jharkhand, P.O and P.S.-Dhurwa, District-Ranchi
4.Additional Collector, Hazaribag, P.O. + P.S. and District-Hazaribag
5.Deputy Collector Land reforms, Hazaribag, P.O + P.S. and District -Hazaribag
6.A.K. Mishra, son of not known to the appellant, Member Board of Revenue,
 Jharkhand, P.O. and P.S-Dhurwa, District-Ranchi
7.Bhuneshwar Tiwary, son of Ramnandan Tiwary, resident of village Fulwaria
  Tola (kadhni), P.S. Tandwa, P.O- Kadhaia, District Chatra
8.Shashi Bhushan Tiwary, son of Ramnandan Tiwary
9.Mostt. Narmada Devi, wife of late Yudhisthir Tiwary
10.Bishat Kumar Tiwary
11.Vivek Kumar Tiwary
12.Abhishek Kumar Tiwary                         --- ---Respondents/ Respondent
                                          .......

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

For the Appellants : Mr. Kundan Kumar Ambastha, Advocate For the State : Mr. Rakesh Kumar Sahi, A.C to S.C. (L&C)-I For the Private Resps. : Mr. Ram Awatar Choubey, Advocate

Order No.12/ Dated 05th September, 2023 Per Sujit Narayan Prasad,J. :

The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 16.01.2018 passed by learned Single Judge of this Court in W.P. (C) No. 2456 of 2006 whereby and whereunder the learned Single Judge has allowed the writ petition filed by the writ petitioner- Kedar Pandey / respondents herein(legal heirs) by which the order dated 21.12.2005 passed by the Member Board of Revenue, Jharkhand in revision case no.26 of 2005 has been set aside to the extent it sets aside the appellate order dated 09.06.2005. Further the order dated 07.02.2004 passed by the Land Reforms Deputy Collector in Land Ceiling Case No. 13 of 2003 has also been set aside and it has been held that writ petitioner being the pre- emptor is entitled to relief U/s 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. I.A. No. 11558 of 2019

2. The instant appeal is admittedly barred by limitation since there is delay of 191 days in preferring the appeal, therefore, the instant interlocutory application has been filed for condoning such delay.

3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 191 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit.

4. Learned counsel for the applicant-appellant has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.

5. The grounds for condoning the delay in preferring the appeal has been mentioned at paragraph 3 onwards of the interlocutory application. The appellant Bhuneshwar Gope is resident of remote village Bhaduli in the district of Hazaribag. The appellant was not in contact with his counsel during the pendency of the writ petition since the year 2017. The counsel of the writ petitioner informed the appellant through his another client regarding the pendency of the said writ petition as well as also instructed to come prepared regarding the current status of lands under proceeding but the appellant could not come and in absence of the present status of the lands in question the writ petition was argued by the

counsel of the appellants and the said writ petition was dismissed by terms of order dated 16.01.2018. It is submitted that appellant is poor villager and he is not at all acquainted with the procedural laws and as such due to lack of necessary fund the appellant could not came earlier. The appellant after arranging necessary fund came to Ranchi in the month of September 2018 and obtained the certified copy of the impugned judgment from his counsel and thereafter the appellant submitted all the required documents to his counsel and on his instruction the memo of appeal was drafted and the same was filed on 05.10.2018. Due to inadvertence and bonafide mistake the application for condonation of delay was not filed along with memo of letters patent appeal. The LPA was listed on 02.12.2019 before this Court and two weeks' time was granted to the appellant to remove the defects. The appellant was informed to come prepared for filing affidavit and an application for condonation of delay in filing the above LPA and after arranging necessary fund the instant application has been filed.

6. We have heard the learned counsel for the appellants on the delay condonation application and before considering the same, this Court, deems it fit and proper to refer certain legal proposition as has been propounded by the Hon'ble Apex Court with respect to the approach of the Court in condoning the inordinate delay.

7. There is no dispute about the fact that generally the lis is not to be rejected on the technical ground of limitation but certainly if the filing of appeal suffers from inordinate delay, then the duty of the Court is to consider the application to condone the delay before entering into the merit of the lis.

8. It requires to refer herein that the Law of limitation is enshrined in the legal maxim interest reipublicae ut sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties, rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of time, as has been held in the judgment rendered by the Hon'ble Apex Court in Brijesh Kumar & Ors. Vrs. State of Haryana & Ors., (2014) 11 SCC

351.

9. The Privy Council in General Accident Fire and Life Assurance Corpn. Ltd. v. Janmahomed Abdul Rahim, (1939-40) 67 IA 416, relied

upon the writings of Mr. Mitra in Tagore Law Lecturers, 1932, wherein, it has been said that:

"A Law of limitation and prescription may appear to operate harshly and unjustly in a particular case, but if the law provides for a limitation, it is to be enforced even at the risk of hardship to a particular party as the Judge cannot, on equitable grounds, enlarge the time allowed by the law, postpone its operation, or introduce exceptions not recognized by law."

10. In P.K. Ramachandran v. State of Kerala, (1997) 7 SCC 556, the Apex Court while considering a case of condonation of delay of 565 days, wherein no explanation much less a reasonable or satisfactory explanation for condonation of delay had been given, held at paragraph-6 as under:

"6. Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes and the courts have no power to extend the period of limitation on equitable grounds."

11. While considering the similar issue, this Court in Esha Bhattacharjee v. Raghunathpur Nafar Academy, (2013) 12 SCC 649, wherein, it has been held as under:

"21.5 (v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact. 21.7. (vii) The concept of liberal approach has to encapsulate the conception of reasonableness and it cannot be allowed a totally unfettered free play.

21.9. (ix) the conduct, behavior and attitude of a party relating to its inaction or negligence are relevant factors to be taken into consideration. It is so as the fundamental principle is that the courts are required to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go-by in the name of liberal approach.

22.4. (d) The increasing tendency to perceive delay as a non- serious matter and, hence, lackadaisical propensity can be exhibited in a nonchalant manner requires to be curbed, of course, within legal parameters."

12. It is settled position of Law that when a litigant does not act with bona fide motive and at the same time, due to inaction and laches on its part, the period of limitation for filing the appeal expires, such lack of bona fide and gross inaction and negligence are the vital factors which should be taken into consideration while considering the question of condonation of delay.

13. The Hon'ble Apex Court in Ramlal, Motilal and Chhotelal Vrs. Rewa Coalfields Ltd., (1962) 2 SCR 762, has held that merely because sufficient cause has been made out in the facts of the given case, there is

no right to the appellant to have delay condoned. At paragraph-12, it has been held as hereunder:-

"12. It is, however, necessary to emphasise that even after sufficient cause has been shown a party is not entitled to the condonation of delay in question as a matter of right. The proof of a sufficient cause is a condition precedent for the exercise of the discretionary jurisdiction vested in the court by Section 5. If sufficient cause is not proved nothing further has to be done; the application for condoning delay has to be dismissed on that ground alone. If sufficient cause is shown then the court has to enquire whether in its discretion it should condone the delay. This aspect of the matter naturally introduces the consideration of all relevant facts and it is at this stage that diligence of the party or its bona fides may fall for consideration; but the scope of the enquiry while exercising the discretionary power after sufficient cause is shown would naturally be limited only to such facts as the court may regard as relevant. It cannot justify an enquiry as to why the party was sitting idle during all the time available to it. In this connection we may point out that considerations of bona fides or due diligence are always material and relevant when the court is dealing with applications made under Section 14 of the Limitation Act. In dealing with such applications the court is called upon to consider the effect of the combined provisions of Sections 5 and

14. Therefore, in our opinion, considerations which have been expressly made material and relevant by the provisions of Section 14 cannot to the same extent and in the same manner be invoked in dealing with applications which fall to be decided only under Section 5 without reference to Section 14. In the present case there is no difficulty in holding that the discretion should be exercised in favour of the appellant because apart from the general criticism made against the appellant's lack of diligence during the period of limitation no other fact had been adduced against it. Indeed, as we have already pointed out, the learned Judicial Commissioner rejected the appellant's application for condonation of delay only on the ground that it was appellant's duty to file the appeal as soon as possible within the period prescribed, and that, in our opinion, is not a valid ground.

14. Thus, it is evident that while considering the delay condonation application, the Court of Law is required to consider the sufficient cause for condonation of delay as also the approach of the litigant as to whether it is bona fide or not as because after expiry of the period of limitation, a right is accrued in favour of the other side and as such, it is necessary to look into the bona fide motive of the litigant and at the same time, due to inaction and laches on its part.

15. It also requires to refer herein that what is the meaning of 'sufficient cause'. The consideration of meaning of 'sufficient cause' has been made in Basawaraj & Anr. Vrs. Spl. Land Acquisition Officer, [(2013) 14 SCC 81], wherein, it has been held by the Hon'ble Apex

Court at paragraphs 9 to 15 hereunder:-

"9. Sufficient cause is the cause for which the defendant could not be blamed for his absence. The meaning of the word "sufficient" is "adequate" or "enough", inasmuch as may be necessary to answer the purpose intended. Therefore, the word "sufficient" embraces no more than that which provides a platitude, which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case, duly examined from the viewpoint of a reasonable standard of a cautious man. In this context, "sufficient cause" means that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has "not acted diligently" or "remained inactive". However, the facts and circumstances of each case must afford sufficient ground to enable the court concerned to exercise discretion for the reason that whenever the court exercises discretion, it has to be exercised judiciously. The applicant must satisfy the court that he was prevented by any "sufficient cause" from prosecuting his case, and unless a satisfactory explanation is furnished, the court should not allow the application for condonation of delay. The court has to examine whether the mistake is bona fide or was merely a device to cover an ulterior purpose. (See Manindra Land and Building Corpn. Ltd. v. Bhutnath Banerjee [AIR 1964 SC 1336], Mata Din v. A. Narayanan [(1969) 2 SCC 770], Parimal v. Veena [(2011) 3 SCC 545] and Maniben Devraj Shah v. Municipal Corpn. of Brihan Mumbai [(2012) 5 SCC 157].)

10. In Arjun Singh v. Mohindra Kumar [AIR 1964 SC 993] this Court explained the difference between a "good cause" and a "sufficient cause" and observed that every "sufficient cause" is a good cause and vice versa. However, if any difference exists it can only be that the requirement of good cause is complied with on a lesser degree of proof than that of "sufficient cause".

11. The expression "sufficient cause" should be given a liberal interpretation to ensure that substantial justice is done, but only so long as negligence, inaction or lack of bona fides cannot be imputed to the party concerned, whether or not sufficient cause has been furnished, can be decided on the facts of a particular case and no straitjacket formula is possible. (Vide Madanlal v. Shyamlal [(2002) 1 SCC 535] and Ram Nath Sao v. Gobardhan Sao [(2002) 3 SCC 195] .)

12. It is a settled legal proposition that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes. The court has no power to extend the period of limitation on equitable grounds. "A result flowing from a statutory provision is never an evil. A court has no power to ignore that provision to relieve what it considers a distress resulting from its operation." The statutory provision may cause hardship or inconvenience to a particular party but the court has no choice but to enforce it giving full effect to the same. The legal maxim dura lex sed lex which means "the law is hard but it is the law", stands attracted in such a situation. It has consistently been held that, "inconvenience is not" a decisive factor to be considered while interpreting a statute.

13. The statute of limitation is founded on public policy, its aim being to secure peace in the community, to suppress fraud and perjury, to quicken diligence and to prevent oppression. It seeks

to bury all acts of the past which have not been agitated unexplainably and have from lapse of time become stale. According to Halsbury's Laws of England, Vol. 28, p. 266: "605. Policy of the Limitation Acts.--The courts have expressed at least three differing reasons supporting the existence of statutes of limitations namely, (1) that long dormant claims have more of cruelty than justice in them, (2) that a defendant might have lost the evidence to disprove a stale claim, and (3) that persons with good causes of actions should pursue them with reasonable diligence."

An unlimited limitation would lead to a sense of insecurity and uncertainty, and therefore, limitation prevents disturbance or deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party's own inaction, negligence or laches. (See Popat and Kotecha Property v. SBI Staff Assn. [(2005) 7 SCC 510] , Rajender Singh v. Santa Singh [(1973) 2 SCC 705 : AIR 1973 SC 2537] and Pundlik Jalam Patil v. Jalgaon Medium Project [(2008) 17 SCC 448]

14. In P. Ramachandra Rao v. State of Karnataka [(2002) 4 SCC 578 ] this Court held that judicially engrafting principles of limitation amounts to legislating and would fly in the face of law laid down by the Constitution Bench in Abdul Rehman Antulay v. R.S. Nayak [(1992) 1 SCC 225].

15. The law on the issue can be summarised to the effect that where a case has been presented in the court beyond limitation, the applicant has to explain the court as to what was the "sufficient cause" which means an adequate and enough reason which prevented him to approach the court within limitation. In case a party is found to be negligent, or for want of bona fide on his part in the facts and circumstances of the case, or found to have not acted diligently or remained inactive, there cannot be a justified ground to condone the delay. No court could be justified in condoning such an inordinate delay by imposing any condition whatsoever. The application is to be decided only within the parameters laid down by this Court in regard to the condonation of delay. In case there was no sufficient cause to prevent a litigant to approach the court on time condoning the delay without any justification, putting any condition whatsoever, amounts to passing an order in violation of the statutory provisions and it tantamounts to showing utter disregard to the legislature."

16. Thus, it is evident that the sufficient cause means that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has "not acted deliberately" or "remained inactive". However, the facts and circumstances of each case must afford sufficient ground to enable the Court concerned to exercise discretion for the reason that whenever the Court exercises discretion, it has to be exercised judiciously. The applicant must satisfy the Court that he was prevented by any "sufficient cause" from prosecuting his case, and unless a satisfactory explanation is furnished, the Court should not allow

the application for condonation of delay. The Court has to examine whether the mistake is bona fide or was merely a device to cover the ulterior purpose as has been held in Manindra Land and Building Corporation Ltd. Vrs. Bhutnath Banerjee & Ors., AIR 1964 SC 1336, Lala Matadin Vrs. A. Narayanan, (1969) 2 SCC 770, Parimal Vrs. Veena @ Bharti, (2011) 3 SCC 545 and Maniben Devraj Shah Vrs. Municipal Corporation of Brihan Mumbai, (2012) 5 SCC 157.

17. It has further been held in the aforesaid judgments that the expression 'sufficient cause' should be given a liberal interpretation to ensure that substantial justice is done, but only so long as negligence, inaction or lack of bona fides cannot be imputed to the party concerned, whether or not sufficient cause has been furnished, can be decided on the facts of a particular case and no straitjacket formula is possible, reference in this regard may be made to the judgment rendered by the Hon'ble Apex Court in Ram Nath Sao @ Ram Nath Sahu & Ors. Vrs. Gobardhan Sao & Ors., (2002) 3 SCC 195, wherein, at paragraph-12, it has been held as hereunder:-

"12. Thus it becomes plain that the expression "sufficient cause" within the meaning of Section 5 of the Act or Order 22 Rule 9 of the Code or any other similar provision should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fides is imputable to a party. In a particular case whether explanation furnished would constitute "sufficient cause" or not will be dependent upon facts of each case. There cannot be a straitjacket formula for accepting or rejecting explanation furnished for the delay caused in taking steps. But one thing is clear that the courts should not proceed with the tendency of finding fault with the cause shown and reject the petition by a slipshod order in over- jubilation of disposal drive. Acceptance of explanation furnished should be the rule and refusal, an exception, more so when no negligence or inaction or want of bona fides can be imputed to the defaulting party. On the other hand, while considering the matter the courts should not lose sight of the fact that by not taking steps within the time prescribed a valuable right has accrued to the other party which should not be lightly defeated by condoning delay in a routine-like manner. However, by taking a pedantic and hypertechnical view of the matter the explanation furnished should not be rejected when stakes are high and/or arguable points of facts and law are involved in the case, causing enormous loss and irreparable injury to the party against whom the lis terminates, either by default or inaction and defeating valuable right of such a party to have the decision on merit. While considering the matter, courts have to strike a balance between resultant effect of the order it is going to pass upon the parties either way."

18. It is evident from the judgments referred hereinabove, wherein,

expression 'sufficient cause' has been dealt with which means that the party should not have acted in a negligent manner or there was a want of bona fide on its part in view of the facts and circumstances of a case or it cannot be alleged that the party has "not acted deliberately" or "remained inactive".

19. This Court, in order to assess as to whether the ground as has been referred in paragraph 3 onwards can be considered to be sufficient cause for condoning the delay of 191 days in filing the appeal, has scrutinized the instant interlocutory application and found from para 7 that the reason said to be sufficient cause is that the appellant due to paucity of fund could not be able to reach Ranchi and after managing the fund he came to Ranch to obtain the certified copy of the impugned judgment in the month of September 2018 and thereafter the appeal was drafted and the same was filed on 05.10.2018. The same has been taken as a ground to condone the delay. The reason has been shown that the delay caused is beyond the control of the appellant. It further appears from para 4 that the appellant was not in contact with his counsel during the pendency of the writ petition in the year 2017.

20. This Court by taking into consideration the aforesaid statement as made in para 4 of the delay condonation application taking together with the statement made in para 7 is of the view that the appellant was not very vigilant to pursue his case, rather, having no contact with his counsel reflects lackadaisical approach of the appellant. This Court, in the light of the aforesaid fact, is of the view that the reasons furnished for condonation of delay cannot be said to be sufficient.

21. The coordinate Bench of this Court has passed an order in L.P.A. No.86 of 2021 on 05.01.2022 rejecting the delay condonation application since the appeal was filed after delay of about 687 days without any sufficient cause to condone the delay.

22. The reference of another case is required to be made herein of an order passed by the coordinate Bench of this Court in L.P.A. No.835 of 2019, wherein, the issue of condoning the delay of 568 days was under consideration.

23. The coordinate Bench of this Court has not found the reason furnished by the State appellants therein to be sufficient cause on the ground of movement of file from one table to another by putting reliance

upon the judgment rendered by the Hon'ble Apex as referred hereinabove.

24. The State appellant has travelled to the Hon'ble Apex Court by filing the SLP being SLP No.7755 of 2022 and has challenged the order passed in L.P.A. No.835 of 2019 but the said SLP No.7755 of 2022 has been dismissed as would appear from the order dated 13.05.2022.

25. The Hon'ble Apex Court has also dismissed one Special Leave to Appeal (C) Nos.8378-8379/2023 on 28th April, 2023 filed by the State of Jharkhand which was filed against the order passed by this Court in L.P.A. No.99 of 2021, wherein the coordinate Bench of this Court dismissed the said appeal on the basis of delay of 534 days in filing of the appeal.

26. This Court, after taking into consideration the ratio laid by the Hon'ble Apex Court in the judgments referred hereinabove as also the explanation furnished in the delay condonation application, is of the view that no sufficient cause has been shown to condone inordinate delay of 191 days in filing the appeal.

27. Accordingly, the delay condonation application being I. A. No. 11558 of 2019 is hereby dismissed.

28. In consequence thereof, the instant appeal also stands dismissed.

29. Pending interlocutory applications, if any, also stand dismissed.

(Sujit Narayan Prasad, J.)

(Navneet Kumar, J.)

A.Mohanty