Haryana State Govt. and Others vs Ajit Singh

L.N. Mittal, J.—Defendants-State of Haryana and its authorities have filed this revision petition under Article 227 of the Constitution of India impugning judgment dated 27.02.2012 passed by the trial court and order dated 04.05.2012 passed by the lower Appellate Court. Suit filed by respondent-plaintiff against defendants/petitioners was decreed by the trial Court vide judgment and decree dated 27.02.2012. Defendants preferred first appeal against judgment and decree of the trial Court and also moved application for condonation of delay of 32 days in filing the said appeal. Learned lower Appellate Court vide impugned order dated 04.05.2012 has dismissed the application moved by petitioners (appellants before the lower appellate Court) for condonation of delay and has consequently rejected the first appeal. Feeling aggrieved, defendants have filed this revision petition.

I have heard counsel for the petitioners and perused the case file whereas respondent has been proceeded against ex parte because none appeared for him in spite of service.

It is well settled that the Courts adopt liberal approach in the matter of condonation of delay because a lis should be decided on merits instead of a party being defeated by default or on technical ground and also because the appellant by filing an appeal late does not gain nothing. In the instant case, the delay in filing first appeal was not very long or inordinate. The delay was of 32 days only. There was also no mala fide intention of appellants in filing the appeal late. Consequently, the said delay should have been condoned by the lower appellate Court on payment of costs so as to compensate the respondent-plaintiff. It may be added that since State is impersonal machinery and procedural formalities have to be gone into before filing appeal, Courts show more latitude towards State in the matter of condonation of delay. For the reasons aforesaid, I find that impugned order dated 04.05.2012 passed by the lower appellate Court is illegal and suffers from jurisdictional error. Resultantly, the instant revision petition is allowed. Order dated 04.05.2012 passed by the lower appellate Court is set aside. Application filed by the petitioners (appellants before the lower appellate Court) for condonation of delay of 32 days in filing the first appeal is allowed and the said delay is condoned, subject to payment of Rs. 2500/- as costs precedent to respondent-plaintiff. The first appeal is restored to the files of the lower appellate Court. Appellants are directed to appear before the lower appellate Court on 08.10.2013.