STATE OF BIHAR Vs. S.K.VERMA

JUDGEMENT

(1.) THIS is an application for condonation of delay of 695 days in filing the Letters Patent Appeal under Clause 10 of the Letters Patent of the Patna High Court Rules, which is challenged by the other side on the ground that there is no sufficient cause to condone the delay as the cause of delay has not been explained.

(2.) THE State -appellants have filed the detailed affidavit. The respondent has, also, filed the counter dffidavit. We have examined the merits and contents thereof. We have, also, considered the relevant propositions of law and the factual matrix enumerated in affidavits.

(3.) THE State is an impersonal machinery, even otherwise, ordinarily liberal and pragmatic approach is warranted in view of the provision of Sec. 5 of the Act so as to see that, as far as possible, where there is an establishment of the good grounds or "sufficient cause", no matter is to be thrown overboard on the altar of the technicalities. Substantial justice is the cry of the day. The principles laid down in Sec. 5 of the Act, clearly, connotes that, ordinarily, on sufficient cause being shown irrespective of the period in the given facts and situation, the court has to take pragmatic and liberal view and to see that the cause of substantial justice is advanced and not thwarted and, precisely, law has to be observed. But in view of the provision of Sec. 5 of the Act discretion has to be exercised for the extension of time on proving the sufficient cause. The court has to keep in mind the celebrated doctrine that the justice should be done on merits rather than on technicalities.