UNION OF INDIA Vs. CAVALIER SHIPPING CO

JUDGEMENT

(1.) This is a case in which a shockingly inordinate delay of seventeen years and odd has been condoned by the Master without any notice to the defendants. No doubt, Rules do not insist upon notice being given to the defendants in the matter of condonation of delay in re-presentation. There is a judgment of this Court on the appellate side that in matters of condonation of delay in re-presentation, no notice is required to the respondent. But, that rule cannot be applied automatically as a rule of thumb without any reference to the quantum of delay in the particular case.

(2.) This suit was presented on 14th July, 1967. The prayer in the suit is for recovery of a sum of Rs. 1,35,602.77. The claim related to the consignment of cargo discharged in Madras Port during June/July, 1966. The plaint was returned for rectification of certain defects on 18-7-1967. It was re-presented only on 17-10-1984 with an application for condonation of delay.

(3.) The affidavit in support of the application for condonation of delay was filed by the Deputy Director (Food) of the office of the Regional Director (Food), Southern Region, Madras-1. The deponent of the affidavit did not know the facts personally. He got the facts stated in the affidavit from the records available in the office. According to the affidavit, the case was in charge of Mr. C. Rangasami Iyengar who was the junior Advocate on record and that the return of the plaint was taken by him.