ABDUL RASID KHAN Vs. STATE OF M P

JUDGEMENT

(1.) The instant revision assails the legality and propriety of the order dated 25-2-2003 passed by the District Judge, Rajnandgaon in Civil Appeal No. 15-A/2002 whereby and whereunder the Court below has condoned the delay in filing the appeal. Facts necessary for disposal of this revision are as under:

(2.) Shri Prafulla N. Bharat, learned counsel appearing for the applicant, vehemently argued that the respondent utterly failed to assign sufficient cause for not preferring the appeal in time. The application for condonation of delay in filing the appeal filed by the respondent is as vague as it could be and, on the face, shows gross negligence on the part of the respondent, inasmuch as, even the date of passing of the judgment and decree has been wrongly mentioned. By placing reliance of the judgment of Supreme Court in the case of The State of West Bengal v. The Administrator, Howrah Municipality and others, 1972 1 SCC 366, he would further submit: the expression "sufficient cause" cannot be construed too liberally, merely because the party is the Government. According to him, the Court below had acted without jurisdiction in condoning the delay in filing the appeal.

(3.) Per contra, Shri G.D. Vaswani, learned Government Advocate for the respondent/State, would submit: the expression 'sufficient cause' should, therefore, be considered with pragmatism in justice-oriented process approach rather than technical detention of sufficient cause for explaining every day's delay. It was further contended, the delay is very short, and therefore, the Court below has not committed any jurisdictional error in condoning the delay in filing the appeal.