- Court
- High Court of Punjab and Haryana
- Decided
- 16 September 2024
- Bench
- Sumeet Goel
- Case no.
- CRR(F) 1181/2024
Judgment
SUMEET GOEL, J. (Oral) CRM-37067-2024
1. The present application has been filed on behalf of the applicant-husband for condonation of delay of 217 days in filing the accompanying revision petition. The main revision petition has been filed impugning the judgment dated 15.11.2023 passed by learned Principal Judge, Family Court, Hoshiarpur, whereby the applicant-husband/petitioner (herein) was directed to pay Rs.5,000/- per month to the respondent No.1-wife (herein) as maintenance allowance from the date of filing of the said application along with litigation expenses of Rs.5,000/- before the Family Court whereas petition qua respondent No.2 stands dismissed as withdrawn.
2. Learned counsel appearing for the applicant-petitioner, while seeking grant of prayer for condonation of delay of 217 days, has argued that the delay has occurred as the applicant is a poor person and has no sufficient means on account of which the applicant could not file the instant petition 2024.09.17 10:44 before this Court. Thereafter, upon arranging the necessary documents, the
CRR(F)-1181-2024 (O&M) 2 applicant through legal aid counsel has preferred the instant revision petition. Learned counsel for the applicant-petitioner has further argued that the circumstances of the case indicate that the delay in filing the revision petition is neither intentional nor deliberate & hence delay deserves to be condoned.
3. I have heard learned counsel for the applicant-petitioner and have perused the paper-book.
4. It would be apposite to refer herein to a judgment of this Court passed in CRR(F)-1844-2023 titled as Deepak vs. Noori and another, decided on 29.02.2024; relevant whereof reads as under:- "8. As a sequel to above-said discussion, the following principles of law emerge: I.k A liberal approach, undoubtedly, ought to be accorded to a plea for condonation of delay made under Section 5 of The Limitation Act, 1963 so as to further the cause of substantial justice. The concept of substantial justice essentially includes in itself the desirability of adjudication of a claim of the litigant on merits thereof rather than rejection of the same, at the threshold, on account of being barred by limitation. However, adoption of such liberal approach cannot be stretched to mean that a prayer (for condonation of delay) ought to be granted sans reasonable explanation therefor. An applicant (seeking condonation of delay) has to bring forward cogent, credible and lucid reason(s) to substantiate such a plea. In case such reason(s) is not scrutable, a Court would well be within its discretion to decline such plea (for condonation of delay). In other words, inexplicable delay ought not to be condoned. II.kA Court ought to grant an application seeking condonation of delay when no negligence, inaction or want of bona fide is imputable to such applicant and/or such delay has occurred on account of circumstances beyond reasonable control of such applicant. III.kIt is not the length of delay (sought to be condoned) but explanation thereof which is relevant for consideration by a Court. IV.kLaw of limitation does not require an applicant (seeking condonation of delay) to furnish an exhaustive explanation on 'day to-day basis' for such
CRR(F)-1181-2024 (O&M) 3 delay. A Court while dealing with a plea for condonation of delay need not undertake such a pedantic approach. V.kIn appropriate cases, a Court may consider imposing costs while granting an application for condonation of delay. However, the quantification of costs so imposed, must reflect the same being commensurate to the lis in issue as also attending circumstances therein. VI.k The factum; of non-applicant(s) or even strangers having altered their position(s) relying upon the applicant not having filed an appeal/revision etc. within stipulated time and resultant effects thereof; will indubitably be a pertinent factor for consideration of a plea for condonation of delay. VII.kA plea for condonation of delay by the State as also its instrumentalities has to be accorded a more liberal approach since the machinery involved in their working is impersonal in nature & hidden factors working therein cannot be given a complete amiss. VIII.kThe discretion of a Court, while considering a plea for condonation of delay, will be exercised in view of peculiar facts/circumstances of an individual case. It is neither prudent nor feasible to fix any exhaustive guidelines for exercising such judicial discretion. On the contrary, it would be perilous to lay down such general criteria for governing such discretion. Needless to emphasize that exercise of such judicial discretion/power ought to be within the four corners of well settled principles of justice, good conscience and fair play."
5. More recently the Hon'ble Supreme Court in case titled as Pathapati Subba Reddy (Died) by L.Rs & Ors. vs. The Special Deputy Collector (LA), Neutral Citation:2024 INSC 286, has observed as under: "26. On a harmonious consideration of the provisions of the law, as aforesaid, and the law laid down by this Court, it is evident that: xxx xxx xxx xxx
vii) Merits of the case are not required to be considered in condoning the delay; and
(viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision."
6. Condonation of delay of 217 days in filing the accompanying 2024.09.17 10:44 revision petition is sought for on the following relevant averments:
CRR(F)-1181-2024 (O&M) 4 "2. That the applicant-petitioner is a poor person and could not arrange the Court fee and due to this reason, the applicant-Petitioner could not file the present revision petition in time.
3. That now the applicant-Petitioner came to know about the legal Aid counsel and has filed the present revision petition through legal aid counsel.
4. That due to the aforesaid reason a delay of 217 days has been occurred in filing the present revision petition. This delay is not at all intentional but due to the bonafide reason explained above."
7. A perusal of the above-said averments clearly show that no reasonable or plausible explanation has been furnished by the applicant (herein) to condone the delay of 217 days in filing the accompanying revision petition. This application, apart from bereft of any specific details/particulars which may reflect bona fide on part of the applicant in pursuing his case, rather reflects a deliberate attempt on part of the applicant-husband to somehow delay the proceedings and avoid the payment of interim maintenance to the respondent No.1-wife. No cause much less sufficient cause, as required in law, has been shown to condone the delay of 217 days in filing the accompanying revision petition. The delay is both inordinate and inexplicable.
7.1 It is axiomatic that condonation of delay is a matter of discretion of the Court and no doubt, a discretion has been vested with the Court to condone the delay, provided sufficient cause thereof has been made out. The explanation for the delay contained in the application seeking condonation of delay is wholly unsatisfactory and can hardly be said to be a reasonable, satisfactory or even a proper explanation for seeking condonation of delay. In the facts and circumstances of the case as narrated hereinabove, the application seeking condonation of delay of 217 days in I attest to the accuracy andfiling the accompanying revision petition merits dismissal.
CRR(F)-1181-2024 (O&M) 5 Decision
8. The application (CRM-37067-2024) seeking condonation of delay of 217 days in filing the accompanying revision petition is dismissed. Since the application seeking condonation of delay has been dismissed, the main revision petition stands dismissed as well accordingly.
9. Pending application(s), if any, shall also stand disposed off.
(SUMEET GOEL) JUDGE September 16, 2024 Ajay
Case details
Parties and counsel
CRR(F)-1181-2024 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-37067-2024 in/& CRR(F)-1181-2024 (O&M) Date of decision: 16.09.2024 Tarsem Lal ....Petitioner V/s Kamlesh Kaur and another ....Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. Kiran Verma, Advocate as Legal Aid Counsel for the applicant/petitioner. *****
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.