Dismissed¶61

Ramesh Son of Shri Bishna v. Hemraj Son of Shri Shankarlal

Rajasthan HC5 Mar 2025CR/201/2024

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act; 682 days delay; no sufficient cause shown; rustic villager plea; civil revision petition dismissed; cancellation of relinquishment deed dated 03.02.2022; Order VII Rule 11 CPC application; improper valuation of suit; non-joinder of Tehsildar-cum-Sub-Registrar; Katiji; Balwant Singh; Brijesh Kumar; Esha Bhattacharjee; P. Subba Reddy 2024 INSC 286; H. Guru Swamy 2025 INSC 53; Rajasthan High Court Jaipur Bench; Ashok Kumar Jain, J.; S.B. Civil Revision Petition No. 201/2024.

What did the court decide?

The petitioner failed to show any sufficient reason for condonation of the delay; therefore, the application under Section 5 of the Limitation Act cannot be allowed. ¶60

Ramesh Son of Shri Bishna Vs Hemraj Son of Shri Shankarlal — Rajasthan HC (2025) — LawSathi Research

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[2025:RJ-JP:10601]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Revision Petition No. 201/2024

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Ramesh Son Of Shri Bishna, Aged About 28 Years, R/o Badodiya, Tehsil Hindoli, District Bundi.

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----Petitioner

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Versus

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Hemraj Son Of Shri Shankarlal, R/o Sankadada, Tehsil And District Bundi.

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Leelabai, Daughter Of Shri Shankarlal, Wife Of Shri Babulal, Aged About 29 Years, R/o Harmali Ka Kheda, Tehsil Hindoli, District Bundi, Rajasthan.

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----Respondents

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For Petitioner(s)	: Mr.	Gourav Sharma for
	Mr.	Nitin Kumar Sharma
For Respondent(s)	:

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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05/03/2025

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Instant civil revision petition is preferred by petitioner defendant, aggrieved from order dated 26.04.2022 passed by learned Additional District No.2, Bundi.

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Learned counsel for petitioner submits that a suit for cancellation of relinquishment deed was filed by respondent Nos. 1 and 2 wherein an application under order VII Rule 11 CPC was filed by the petitioner, but the trial court has dismissed the application without considering that the valuation of suit property was not proper and the Tehsildar, Hindoli was a necessary party. He submits that petitioner is unaware about the legal procedures, therefore he could not approach the counsel on time. At last, he

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submits that the petitioner is a rustic villager, therefore, the application for condonation of delay be allowed.

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Heard learned counsel for petitioner and perused the material placed on record.

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A suit to challenge registered relinquishment deed dated 03.02.2022 was filed by respondent Nos.1 and 2 before learned District Judge, Bundi and during pendency of Civil Suit, T.I. application was decided on 26.04.2022 by learned Additional District Judge No.2, Bundi, thereafter an application under order VII Rule 11 CPC was filed on the ground that the suit is improperly valued and Tehsildar-cum-Sub-Registrar, District Bundi was not arrayed as party-respondent.

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Office has pointed out a delay of 682 days, but no reason for condonation of delay, whatsoever been mentioned in the application. The reasons narrated by counsel are most common and general in nature.

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Section 5 of the Limitation Act prescribes that any appeal or revision or an application may be admitted after the prescribed period, if the appellant or the petitioner satisfies the Court on sufficient cause for not preferring an appeal or revision or making an application within prescribed period.

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In case of Collector, Land Acquisition, Anantnag Vs.

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Katiji AIR 1987 SC 1353, Hon’ble Supreme Court laid down the following principles to allow application under Section 5 of the Limitation Act:-

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Ordinarily a litigant does not stand to benefit by lodging an appeal late.

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Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being

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defeated. As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties.

¶32

"Every days delay must be explained" does not mean that a pedantic approach should be made. Why not every hours delay. every seconds delay? The doctrine must be applied in a rational common sense pragmatic manner.

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When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.

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There is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk.

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It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so.

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In case of Balwant Singh (dead) Vs. Jagdish Singh and

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Ors. 2010 (8) SCC 685 , Hon’ble Supreme Court while considering Section 5 of Limitation Act has referred the judgment in the case of Union of India Vs. Ram Charan AIR 1964 SC 215 and observed that the explained delay should be clearly understood in contradistinction to inordinate unexplained delay. Delay is just one of the ingredients which has to be considered by the Court. In addition to this, the Court must also take into account the conduct of the parties, bona fide reasons for condonation of delay and whether such delay could easily be avoided by the applicant acting with normal care and caution. The statutory provisions mandate that applications for condonation of

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delay and applications belatedly filed beyond the prescribed period of limitation, should be rejected unless sufficient cause is shown for condonation of delay. The larger benches as well as equibenches of Hon’ble Supreme Court have consistently followed these principles and have either allowed or declined to condone the delay in filing such applications. Thus, it is the requirement of law that these applications cannot be allowed as a matter of right and even in a routine manner. An applicant must essentially satisfy the above stated ingredients; then alone the Court would be inclined to condone the delay.

¶42

In the case of Brijesh Kumar & Ors. v. State of Haryana & Ors.: (2014) 13 SCC 291 , while referring the judgment of Esha Bhattacharjee v. Raghunathpur Nafar Academy & Ors.: (2013) 12 SCC 649 , Hon'ble Supreme Court has laid down that sufficient cause is a condition precedent for exercise of discretion by the Court for condonation of delay. The Supreme Court further observed that the Court cannot condone the delay, if it is not properly, satisfactorily and convincingly explained, and a delay cannot be condoned on sympathetic grounds.

¶43

Very recently condonation of delay under Section 5 of Limitation Act was considered by Hon’ble Supreme Court in case of P. Subba Reddy (died) by LRs. And Ors. Vs. Special Deputy Collector (LA) 2024 INSC 286 wherein also it was held that unless sufficient cause is shown the application under Section 5 of Limitation Act cannot be allowed. The underlying provisions after harmonious construction of provision of law were formulated in following manner:-

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(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;

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(ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;

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(iii) The provisions of the L imitation Act have to be construed differently, such as Section 3 has to be construed in a strict sense whereas Section 5 has to be construed liberally;

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(iv) In order to advance substantial justice, though liberal approach, justice-oriented approach or cause of substantial justice may be kept in mind but the same cannot be used to defeat the substantial law of limitation contained in Section 3 of the Limitation Act;

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(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence;

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(vi) Merely some persons obtained relief in similar matter, it does not mean that others are also entitled to the same benefit if the court is not satisfied with the cause shown for the delay in filing the appeal;

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(vii) Merits of the case are not required to be considered in condoning the delay; and

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(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, tantamount to disregarding the statutory provision.

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Very recently in case of H. Guru Swamy and Ors. Vs. A. Krishnaiah Since Deceased by LRs 2025 INSC 53 Hon’ble Supreme Court while considering application for condonation of delay has observed that the question of limitation is not merely on technical consideration. The Rules of limitation are based on the principle of public policy and principles of equity. No court should

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keep the sword of damocles hanging over the head of litigant for an indefinite period of time.

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Considering the legal principles to allow application under section 5 of limitation act, a fact is quite apparent that petitionerdefendant has failed to show any sufficient reason for condonation of delay. Therefore, an application section 5 of limitation act cannot be allowed.

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As a result, an application under Section 5 of Limitation Act is hereby dismissed. Consequently, Civil Revision Petition is also dismissed with pending application(s), if any.

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(ASHOK KUMAR JAIN),J

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MONU /56

Ramesh Son of Shri Bishna v. Hemraj Son of Shri Shankarlal

Case brief

What is this about?

What did the court decide?

Ramesh Son of Shri Bishna v. Hemraj Son of Shri Shankarlal

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

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