STATE OF RAJASTHAN Vs. RAMNATH

JUDGEMENT

(1.) THESE five petitions have been moved under Article 133(1)(c) of the Constitution of India seeking leave to appeal to the Supreme Court and can be disposed of by one order as the circumstances in which they arise are common.

(2.) THE Additional District Judge, Dholpur, passed five decrees against the State of Rajasthan arising from various contracts and excepting in leave petition No. 52 of 1971 each of the decrees was above Rs. 20,000/ -. The decree in leave petition No. 52 of 1971 was in the sum of Rs 8,000/ - only. Appeals against these decrees were presented before the Deputy Registrar, High Court at his residence at 11.45 P.M. on 16 -3 -1970. The office raised an objection that they were barred by time by two days. Applications were moved under Section 5 of the Indian Limitation Act for the condonation of delay and after bearing the learned Counsel for the parties the Division Bench of this Court by its judgment dated the 8th February, 1971 held that the State of Rajasthan, the appellant, was unable to show sufficient cause which could entitle it to the benefit of the provisions of Section 5 of the Indian Limitation Act and accordingly all the five appeals were dismissed as barred by time.

(3.) IN our opinion the petitioner is not entitled to any leave under Article 133(1)(c) of the Constitution of India because on the well established principles crystallised in numerous decisions the learned Judges of this Court came to the conclusion that the petitioner was unable to show sufficient cause entitling it to condonation under Section 5 of the Indian Limitation Act. No question of public or private importance, which is not settled, arises in these circumstances and we are, therefore, unable to certify this as a fit case for appeal to the Supreme Court of India. This also settles the fate of leave petition No. 52 of 1971, the valuation of which is below Rs. 20,000/ -.