1977 (11) TMI 144 - HC - Indian Laws

Court dismisses appeal application under Limitation Act, stresses due diligence

The court dismissed the defendants' appeal application under Section 5 read with Section 14 of the Limitation Act, emphasizing the need for due diligence ... - Issues:1. Application under Section 5 read with Section 14 of the Limitation Act filed by the defendants in an appeal case.2. Determination of whether the appellant could be deemed to have been prosecuting the appeal with due diligence.3. Analysis of the provisions of Section 5 and Section 14 of the Limitation Act and their application in the case.4. Interpretation of 'good faith' and 'due diligence' in the context of Section 14 of the Limitation Act.5. Examination of past legal precedents regarding condonation of delay in filing appeals due to negligence or oversight.6. Assessment of the appellant's conduct in presenting the appeal to the wrong court and subsequent actions.7. Consideration of whether sufficient cause has been established under Section 5 of the Limitation Act to justify condonation of delay.8. Direction to examine the efficiency of the Munsarim in reporting on the appeal's maintainability in the court of the District Judge.Analysis:The judgment pertains to an appeal filed by the defendants, along with an application under Section 5 read with Section 14 of the Limitation Act, arising from a suit decreed by the trial court. The core issue revolves around whether the appellant diligently prosecuted the appeal in the District Judge's court, where it was initially filed, under the advice of their local lawyer. The court delves into the distinction between the provisions of Section 5 and Section 14 of the Limitation Act, emphasizing the stringent requirements of Section 14, particularly the necessity of prosecuting other civil proceedings in good faith and with due diligence.The court underscores that for Section 14 to apply, the initial filing in the wrong court must be done with due diligence and subsequent proceedings must be in good faith. The judgment cites legal principles from a Jammu & Kashmir High Court case, highlighting the importance of distinguishing between negligence and honest mistakes in determining sufficient cause for condoning delays in appeals. Additionally, a Division Bench decision of the Allahabad High Court is referenced, emphasizing that not every act of negligence warrants condonation.The court scrutinizes the conduct of the appellant and their legal representatives, noting the absence of a satisfactory explanation for filing the appeal in the District Judge's court instead of the High Court, given the appeal's valuation. Despite opportunities to clarify the error, the appellant fails to demonstrate due diligence or good faith in prosecuting the appeal. The court concludes that the appellant's conduct falls short of the standard of care and attention expected, rendering them ineligible for the benefits of Section 14 or Section 5 of the Limitation Act.Ultimately, the court dismisses the application, rejecting the memo of appeal as beyond limitation with costs. Furthermore, the judgment directs the District Judge to investigate and take appropriate action against the Munsarim for failing to note the appeal's jurisdictional issue promptly.