w w w . L a w y e r S e r v i c e s . i n



Kanhaiya Lal v/s Lala Ram & Others


Company & Directors' Information:- C. LAL LIMITED [Active] CIN = U51909HR2012PLC046499

    Matters Under Article 227 No. 1177 of 2020

    Decided On, 11 February 2020

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE AJAY BHANOT

    For the Appearing Parties: S.P. Lal, Rajeshji Verma, Ramendra Asthana, Advocates.



Judgment Text


By the order dated 27.11.2019 passed by the learned revisonal court / District Judge, Jalaun at Orai in Misc. Suit No.417 of 2018 (Kanhaiya Lal Vs. Ram Krishna and others), the application for condonation of delay under Section 5 of the Limitation Act has been rejected.

2. Admittedly, the delay is only of a period of 15 days. The law is well settled. The courts have to administer substantive justice and not shut the doors of justice to parties on mere technicalities.

3. There is authority which holds that while considering the application for delay condonation, the courts should adopt a liberal approach and eschew a pedantic approach.

4. The learned appellate court misdirected itself in law by rejecting the application for delay condonation even though the delay of 15 days.

5. This Court finds that the cause for delay of 15 days in instituting the revision is sufficient. The purpose of laws of limitation is to ensure that the parties may remain vigilant to their cause and institute their claim in good time. The mandate of laws of limitation is not to shut the doors of justice to the parties or decline adjudication on merits. On the contrary it should be the constant endeavour the courts of law to adjudicate issues on merits and dispense justice on a substantive basis.

6. There is good authority to hold that the courts should adopt a liberal, pragmatic and a justice oriented approach matters of condonation of delay. Equally the courts should avoid a pedantic view and eschew servitude to procedure in such matters.

7. The Hon'ble Supreme Court in the case of Collector, Land Acquisition V. Mst. Kati Ji and others, (1987) 13 AllLR 306 (SC) held as follows:

"The legislature has conferred the power to condone delay by enacting section 5 of the Limitation Act of 1963 in order to enable the Courts to do substantial justice to parties by disposing of matters on "merits". The expression "sufficient cause" employed by the Legislature is adequately elastic to enable the Courts to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose of the existence of the institution of Courts. It is common knowledge that this Court has been making a justifiably liberal approach in matters instituted in this Court. But the message does not appear to have percolated down to all the other Courts in the hierarchy."

And such a liberal approach is adopted on principle as it is realized that:

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 condoned, the highest that can happen is that a cause would he decided on merit 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 and pragmatic manner.

4. When substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side can not 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 account of mala fides. A litigant does not stand to benefit by restoring to delay. In fact, he runs a serious risk.

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

8. This view was fortified by the Hon'ble Supreme Court in the case of N. Balakrishnan Vs M. Krishnamurthy, (1998) 7 SCC 123. The relevant portion of the judgment is extracted here under:-

"The primary function of a court is to adjudicate the dispute between the parties and to advance substantial justice. Time limit fixed for approaching the court in different situations is not because on the expiry of such time a bad cause would transform into a good cause. Rules of limitation are not meant to destroy the right of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. Law of limitation fixes a life-span for such legal remedy for the redress of the legal injury so suffered. Time is precious and the wasted time would never revisit. During efflux of time newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a life span must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. Law of limitation is thus founded on public policy."

9. In Smt. Prabha V. Ram Prakash Kalra, (1987) Supp1 SCC 339, the Supreme Court took the view that the Court should not adopt an injustice-oriented approach in rejecting the application for condonation of delay.

10. In Vedabai @ Vaijayanatabai Baburao Patil V. Shantaram Baburao Patil and others, (2001) 44 AllLR 577(SC) , the Apex Court made a distinction in delay and inordinate delay observing as under:

"In exercising discretion under section 5 of the Limitation Act, the Courts should adopt a pragmatic approach. A distinction must be made between a case where the delay is inordinate and a case where the delay is of a few days. Whereas in the former case the consideration of prejudice to the otherwise will be a relevant factor so the case calls for a more cautious approach...."

11. In New India Insurance Co. Ltd. V. Smt. Shanti Misra, (1976) AIR SC 237, Hon'ble Court held that discretion given by section 5 should not be defined or crystallized so as to convert a discretionary matter into a rigid rule of law. The express "sufficient cause" should receive a liberal construction.

12. In Shakuntala Devi Jain V. Kuntal Kumari, (1969) AIR SC 575 the Hon'ble Supreme Court held that unless want of bona fides of such inaction or negligence as would deprive a party of the protection of section 5 is proved, the application must not be thrown out or any delay can not be refused to be condoned.

13. In O.P. Kathpalia V. Lakhmir Singh, (1984) AIR SC 1744 the Hon'ble Supreme Court held that if the refusal to condone the delay results in grave miscarriage of justice, it would be a ground to condone the delay.

14. Further Hon'ble the Supreme Court in the case of Haribhai Lakhmanbhai Seedhav Vs. Sta

Please Login To View The Full Judgment!

te of Gujarat and to others, (2009) 27 LCD 1645 has also held that the Court should not reject appeal/revision on the ground of delay and the same should be decided on merit. 15. In view of the above, the order dated 27.11.2019 passed by the learned revisional court / learned District Judge, Jalaun at Orai in Misc. Suit No.417 of 2018 (Kanhaiya Lal Vs. Ram Krishna and others) is set aside. 16. The delay is liable to be condoned and is condoned. The delay condonation application is allowed. 17. The learned revisional court / District Judge, Jalaun at Orai is directed to decide the revision within a period of one month from the date of receipt of a certified copy of this order. 18. The petition is finally allowed.
O R







Judgements of Similar Parties

29-09-2020 Laddu Lal Mahto Versus Managing Director, Tata Motors Limited, Bihar & Another National Consumer Disputes Redressal Commission NCDRC
09-09-2020 Rajasthan State Road Transport Corporation & Others Versus Goverdhan Lal Soni & Another Supreme Court of India
08-09-2020 Murari Lal Versus State of U.P & Others High Court of Judicature at Allahabad
28-08-2020 Chhotey Lal Versus State of U.P. High Court of Judicature at Allahabad
18-08-2020 Lal Chand Versus Union Territory of J&K & Others High Court of Jammu and Kashmir
11-08-2020 Shankar Lal Yadav & Another Versus Union of India & Others High Court of Delhi
06-08-2020 Ram Lal Versus State of HP & Others High Court of Himachal Pradesh
17-07-2020 Pyare Lal Versus State of Haryana Supreme Court of India
30-06-2020 Sindhu. S. Lal Versus Revenue Divisional Officer, Adoor & Others High Court of Kerala
29-06-2020 Mohan Lal Jain Versus Insolvency & Bankruptcy Board of India & Another High Court of Delhi
26-06-2020 Amrut Lal @ Amrit Lal Versus State of Chhattisgarh & Others High Court of Chhattisgarh
23-06-2020 Munna Lal Versus State of U.P. Thru. Addl. Chief Secy. Medical & Health Lko & Others High Court Of Judicature At Allahabad Lucknow Bench
19-06-2020 Vipin Kumar Choudhary Versus Makhan Lal Chaturvedi National University Of Journalism & Communication - Bhopal National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Jivan Lal Verma Versus Kishan Agrotek National Consumer Disputes Redressal Commission NCDRC
11-06-2020 Moti Lal @ Moti Lal Patwa Versus Union of India, Ministry of Finance through the Director, Enforcement Directorate, Delhi & Another High Court of Judicature at Patna
03-06-2020 Latelraj Suryawanshi (Latelram Suryawanshi wrongly mentioned in the impugned judgment) Versus Hori Lal Tamboli & Another High Court of Chhattisgarh
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
20-05-2020 Diwari Lal & Others Versus State of U.P. High Court of Judicature at Allahabad
14-05-2020 Meena Sharma Versus Nand Lal & Another High Court of Delhi
11-05-2020 Shiv Lal (Since Deceased) Versus Mohan Lal High Court of Punjab and Haryana
08-05-2020 Mohan Lal Versus State of NCT of Delhi Supreme Court of India
30-04-2020 Jagdish Lal Versus State of Himachal Pradesh High Court of Himachal Pradesh
20-04-2020 Babu Lal Versus State (N.C.T. of Delhi) High Court of Delhi
24-03-2020 Babu Lal & Others Versus Para Devi & Others High Court of Rajasthan Jaipur Bench
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
17-03-2020 The Joint Labour Commissioner and Registering Officer & Another Versus Kesar Lal Supreme Court of India
11-03-2020 Ram Dulari & Another Versus Ram Lal & Another High Court of Himachal Pradesh
29-02-2020 Lal Chand Versus State of H.P. High Court of Himachal Pradesh
27-02-2020 Aman Khattar Versus Jawahar Lal High Court of Delhi
27-02-2020 Manohar Lal Versus State Of Himachal Pradesh High Court of Himachal Pradesh
26-02-2020 M/s. Kiran Cold Storage Pvt. Ltd. Through Director Manohar Lal Ahuja, Uttar Pradesh Versus Yashpal National Consumer Disputes Redressal Commission NCDRC
19-02-2020 M/s. Behari Lal & sons V/S The State of Punjab High Court of Punjab and Haryana
18-02-2020 M/s. Girdhari Lal Constructions (P) Ltd. Dwaraka, New Delhi, Registered Office Bhatinda, Punjab, Represented by Its Director, Vikas Mehta Versus Union of India, Represented by Its Secretary, Ministry of Housing & Urban Affairs, New Delhi & Others High Court of Kerala
18-02-2020 Dr. Hira Lal Versus State of Bihar & Others Supreme Court of India
14-02-2020 New India Assurance Company Ltd. Through Its Duly Constituted Attorney, Manager, Delhi Versus Chaman Lal National Consumer Disputes Redressal Commission NCDRC
13-02-2020 Ashok Alias Gore Lal Veruss State of U.P. High Court of Judicature at Allahabad
13-02-2020 Jhanak Lal V/S State of Madhya Pradesh High Court of Chattisgarh
13-02-2020 Vikas Panchayat, Gram Boheda Through Sarpanch, Rajasthan Versus Badri Lal & Others National Consumer Disputes Redressal Commission NCDRC
06-02-2020 Heera Lal Versus State High Court of Rajasthan
05-02-2020 Chhotey Lal @ Chottu Versus State High Court of Delhi
31-01-2020 Manohar Lal Versus State of H.P. & Others High Court of Himachal Pradesh
29-01-2020 Karnveer Singh Versus Panji Lal Damor High Court of Rajasthan Jodhpur Bench
28-01-2020 Mohit Lal Ghosh Versus The State of West Bengal & Others High Court of Judicature at Calcutta
27-01-2020 M/s. Urban Umbrella Development And Management Company Through Its Proprietor/Authorized Signatory, Punjab V/S Pawan Lal & Others National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Lal Mohammed Versus State (Nct of Delhi) High Court of Delhi
24-01-2020 Chuni Lal Versus Munshi Ram & Another Supreme Court of India
23-01-2020 Bajrang Lal Sharma Versus C.K. Mathew & Others Supreme Court of India
22-01-2020 Seema Lal & Others V/S State of Kerala, Represented by The Principal Secretary, Department of Social Welfare, Secretariat, Trivandrum & Others High Court of Kerala
21-01-2020 Kishan Lal Chadha @ Krishan Lal Chadha (Deceased) Versus Anup Chadha High Court of Judicature at Calcutta
17-01-2020 Oriental Insurance Company Ltd, Orissa Versus Achhey Lal High Court of Chhattisgarh
16-01-2020 Rattan Lal Bharadwaj Versus Magma Financial Corporation Ltd. & Another National Consumer Disputes Redressal Commission NCDRC
08-01-2020 Shyam Lal Jayaswal Versus Branch Manager, Oriental Insurance Company Limited & Another Supreme Court of India
06-01-2020 Udhav Lal Versus State of Chhattisgarh, Through- Police Station Sarangarh High Court of Chhattisgarh
03-01-2020 State Bank of India V/S Nand Lal Sokhal and Others. Debts Recovery Tribunal Jaipur
02-01-2020 Manori Lal & Another Versus State of U.P. & Others High Court of Judicature at Allahabad
06-12-2019 Manik Lal Das Versus The State of West Bengal & Others High Court of Judicature at Calcutta
04-12-2019 State of Punjab Versus Kashmiri Lal @ Sheera High Court of Punjab and Haryana
29-11-2019 Chumman Lal Sahu & Another Versus Gopal Ji Singh & Others High Court of Chhattisgarh
21-11-2019 Sham Lal Chabba Versus Om Prakash & Others High Court of Himachal Pradesh
20-11-2019 Chaitu Lal Versus State of Uttarakhand Supreme Court of India
15-11-2019 The Management of M/s. Birla Te Versus Chunni Lal High Court of Delhi
15-11-2019 Municipal Corpn. Of Greater Mumbai (MCGM) Versus Abhilash Lal & Others Supreme Court of India
13-11-2019 Montu Lal Das Gupta V/S The Union of India, Represented by the Secretary, to the Government of India, Ministry of Health, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
11-11-2019 The State of Maharashtra Versus Mohammed Ibrahim Lal Mohammed & Another High Court of Judicature at Bombay
08-11-2019 Avijit Mitra & Others Versus Shankar Lal Roy High Court of Judicature at Calcutta
08-11-2019 Parvati Mohta Through Legal Representatives Versus Mohan Lal Sukhadia University High Court of Rajasthan Jodhpur Bench
05-11-2019 Heera Lal Versus State of Rajasthan, Through PP High Court of Rajasthan Jaipur Bench
04-11-2019 Shyambai Versus Shankar Lal National Consumer Disputes Redressal Commission NCDRC
25-10-2019 Joint Labour Commissioner & Registering Officer & Another Versus Kesar Lal National Consumer Disputes Redressal Commission NCDRC
23-10-2019 Indore Development Authority Versus Manohar Lal & Others Supreme Court of India
22-10-2019 Pratap Lal Teli Versus The State of Maharashtra, through the Public Prosecutor, Home Department, Government of Maharashtra & Others High Court of Judicature at Bombay
19-10-2019 Hori Lal & Another Versus State of Uttar Pradesh High Court of Judicature at Allahabad
18-10-2019 Jawahar Lal Jaiswal Versus State of U.P. & Others High Court of Judicature at Allahabad
18-10-2019 Gopi Lal Sahu Versus State of Chhattisgarh & Others High Court of Chhattisgarh
09-10-2019 Roshan Lal Versus Delhi Jal Board High Court of Delhi
04-10-2019 Ravi Setia Versus Madan Lal & Others Supreme Court of India
26-09-2019 Commissioner of Income Tax Exemption U.P State Cons. & Infra. Versus M/s. Reham Foundation Kandhari Lane Lal Bagh, Lucknow High Court Of Judicature At Allahabad Lucknow Bench
25-09-2019 Rakesh Goel Versus Hira Lal ( Now Deceased) & Another High Court of Delhi
24-09-2019 Sri Ananta Prasad Sahu @ Sri Ananta Lal Sahu Versus Sri Gopal Sahu @ Sri Golao Lal Sahu High Court of Gauhati
18-09-2019 National Insurance Co. Ltd. Versus Rameshwar Lal & Another National Consumer Disputes Redressal Commission NCDRC
17-09-2019 Anshuman Dubey & Another Versus Jawahar Lal Nehru University & Others High Court of Delhi
16-09-2019 Vinod Madan Lal Nawandhar Versus Vidisha Garg & Others High Court of Delhi
11-09-2019 Ami Lal Versus Commandant, 52nd Battalion, Central Reserve Police Force, Manipur & Another High Court of Orissa
09-09-2019 Malkit Kaur Versus Joginder Lal Khurana High Court of Punjab and Haryana
06-09-2019 Chaman Lal Mittal Versus Kamini Sharma High Court of Delhi
05-09-2019 Laxman Lal Latta Versus Kamlesh Parmar & Others High Court of Rajasthan
03-09-2019 Pritam Lal Makhija Versus Akhil Bhartiya Aggarwal Sammelan Thr its Joint Organised Secretary Virender Gupta High Court of Delhi
02-09-2019 Bharat Lal Meena Versus State of Rajasthan High Court of Rajasthan Jaipur Bench
02-09-2019 Shiv Lal Versus Om Parkash Kashyap High Court of Delhi
22-08-2019 Dilip Kumar Mahesh Versus Sundar Lal Maurya High Court Of Judicature At Allahabad Lucknow Bench
21-08-2019 Sunder Lal Versus State High Court of Delhi
20-08-2019 Mewa Lal Choudhary Versus Union of India High Court of Judicature at Patna
13-08-2019 Dhanpat Lal Sharma Versus Bhakra Beas Management Board (BBMB) & Another High Court of Himachal Pradesh
08-08-2019 Hazari Lal Versus Superintending Canal Officer, Bhakra Water Services, Sirsa & Others High Court of Punjab and Haryana
06-08-2019 Nand Lal & Others Versus Bhakra Beas Management Board & Others High Court of Himachal Pradesh
05-08-2019 Panna Lal Gaur & Another Versus State of U.P. High Court of Judicature at Allahabad
01-08-2019 Basant Lal Memorial College of Education Versus National Council For Teacher Education & Others High Court of Delhi
01-08-2019 Moti Lal Daga & Another Versus Govt. of NCT of Delhi & Others High Court of Delhi
29-07-2019 Rajasthan Housing Board Versus Roshan Lal Saini & Others Supreme Court of India
24-07-2019 Bhajan Lal & Others Versus North Delhi Municipal Corporation & Others High Court of Delhi