TaxTMI 
TaxTMI 
2002 (2) TMI 1280
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.... after setting aside abatement and condonation of delay was rejected after recording finding that no sufficient cause was shown either for condonation of delay or setting aside abatement. The short facts are that when First Appeal No. 307 of 1989(R) was listed for hearing, appellants' counsel wrote a letter intimating the client about listing of the matter whereupon one of the appellants in the appeal came on 18th September, 1998, met his counsel and during the course of discussion, it transpired that appellant Nos. 2,3,22 and 41 had already expired whereupon the counsel instructed the client to go to the village and bring the Vakalatnama from the heirs and legal representatives of the deceased persons for filing substitution application. After obtaining the Vakalatnama, the client came back on 20th September, 1998 and thereafter on 24th September, 1998, substitution application was filed making a prayer therein for expunging the name of appellant No.2 and making a note that he died on 10th April, 1997 leaving behind appellant Nos. 5, 9 and 10 as his heirs and legal representatives who were already on the record, besides a daughter Sheela Devi for whom prayer was made for bringi....
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.... the heirs of appellant Nos. 3, 22 and 41 is concerned, the same was refused as it was held that no sufficient cause was shown for condonation of delay in filing the application to set aside abatement and setting aside abatement. Against the said order, the appellants preferred a Letters Patent Appeal before the Jharkhand High Court which was created by then, and the said appeal was dismissed on 11th January, 2001. Hence, this appeal by special leave. Shri Gaurav Agrawal, learned counsel appearing on behalf of the appellants, who was thoroughly ready both on facts as well as law, found out all the relevant decisions on the point in issue and by placing the same with fairness, submitted in support of this appeal that as the appellants, who were rustic and illiterate villagers, belonged to different families, different villages within different police stations and in the absence of anything to show that the delay was mala fide, intentional or any dilatory tactics was adopted, the same should have been condoned and abatement set aside as the expression 'sufficient cause' should receive a liberal construction so as to advance substantial justice when no negligence or inaction....
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....on about the litigation in which he was involved and was a party. It was further observed that Courts should recall that "what has been said umpteen times that rules of procedure are designed to advance justice and should be so interpreted and not to make them penal statutes for punishing erring parties. " (Emphasis added). In the case of Rama Ravalu Gavade v.Sataba Gavadu Gavade (dead) through LRs. and another (1997) 1 Supreme Court Cases 261, during the pendency of the appeal, one of the parties died. In that case, the High Court had refused to condone the delay in making an application for setting aside abatement and set aside abatement, but this Court condoned the delay, set aside abatement and directed the appellate court to dispose of appeal on merit observing that the High Court was not right in refusing to condone the delay as necessary steps could not be taken within the time prescribed on account of the fact that the appellant was an illiterate farmer. In the case of N.Balakrishnan v. M.Krishnamurthy (1998) 7 Supreme Court Cases 123, there was a delay of 883 days in filing application for setting aside exparte decree for which application for condonation of delay wa....
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....uperior court would be free to consider the cause shown for the delay afresh and it is open to such superior court to come to its own finding even untrammeled by the conclusion of the lower court. 10. . The primary function of a court is to adjudicate the dispute between the parties and to advance substantial justice. The 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." [ Emphasis added] The Court further observed in paragraphs 11, 12 and 13 which run thus:- "11. Rules of limitation are not meant to destroy the rights 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. The law of limitation fixes a lifespan for such legal remedy for the redress of the legal injury so suffered. Time is precious and wasted time would never revisit. During the efflux of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So a lifespan must be fixed for each remedy. Une....