RAJKOT DISTRICT PANCHAYAT Vs. VASOYA CONSTRUCTION

JUDGEMENT

(1.) The present application has been filed under sec. 5 of the Limitation Act, 1963 for condonation of delay of 51 days caused in filing the First Appeal on the grounds stated in the application, inter alia, that the local advocate had addressed the letter informing him about the dismissal of the suit and thereafter it was sent to the Dy. Executive Engineer who consulted the Executive Engineer and after consulting the advocate the appeal was preferred which consumed time resulting in delay of 51 days.

(2.) Heard learned advocate Mr. H.S. Munshaw for the applicants-panchayat and learned advocate Mr. S.M. Shah for respondent No.1-contractor as well as for respondents Nos. 2, 4 & 6.

(3.) Learned advocate Mr. Munshaw submitted that the panchayat is a local body which has to follow the procedure and it takes sometime in moving the files for administrative reasons. He submitted that the Hon'ble Apex Court has made observations with regard to adopting a liberal approach in such matters of condonation of delay particularly when it is a Government organisation or body. He has referred to and relied upon the judgments in the case of State (NCT of Delhi) v. Ahmed Jaan,2009 AIR(SC) 695as well as in the case of State of Haryana v. Chandra Mani and ors., 1996 AIR(SC) 1623. He emphasised the observation,