2023 (1) TMI 444

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....ent but from the averment made in the application for condonation of delay, yet we invited the parties to address us on the merit of the said appeal bearing in mind that the Court must encourage the adjudication on merit rather than dismissing on technical grounds. The meritorious matter should not be dismissed on the anvil of the litigant approaching the Court belatedly, more particularly, when the delay is attributable in respect of the Union of India although they are not privileged litigant. The procedural hazards sometimes impede the prompt decision. Be that as it may, we decided to hear out the appeal itself as the same can be conveniently disposed of without calling for the records or inviting the paper book to be filed as the decree....

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.... the respondent. In course of the said suit, an application was taken out by the respondent for a direction upon the appellant herein to pay a sum of Rs.39,79,673/- towards the interest calculated at the rate of 18 percent in terms of the averment made in paragraph 42 of the said petition. The said application was taken up by the Single Bench on 15th July, 2015 and ultimately dismissed the same as such relief cannot be decided on affidavit evidence. It was thus observed: "At the time of entering into a fresh lease agreement, it was open for the plaintiff to insist for payment of interest on the arrears as a condition precedent for entering into the fresh lease agreement. Now that a fresh lease agreement has been entered into, it wo....

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....ave put any fetter over the claim of the interest at the rate of 18 percent but what has been held therein that such an issue unless framed in the suit cannot be decided without any evidence to be led thereupon. Such being the intention culled out from the aforesaid order, the respondent thereafter applied for an amendment of the plaint seeking to incorporate the relief in the form of an interest which was eventually allowed. The appellant did not challenge the order permitting the amendment to be carried out in the plaint. However, they chose to remain absent and did not contest the suit. Astonishingly, learned advocate for the appellant submits that the moment Supreme Court has used the expression 'suit' it must be construed as an un-a....