The State of Bihar vs Methodist Church in India

Chandramauli Kr. Prasad, J.—Defendant-appellant-petitioner, aggrieved by the order dated 19.7.2000, passed by the 2nd Additional District Judge, Buxar in Title Appeal No. 38 of 1998 declining to condone the delay in filing the appeal, has preferred this application. Aggrieved by the judgment and decree dated 9.1.1998 the State of Bihar preferred Title Appeal No. 38 of 1998 on 16.6.1998. It also filed application for condoning the delay in filing the appeal. The Lower Appellate Court, finding that the cause shown by the appellant-petitioner for condoning the delay in filing the appeal is not sufficient, rejected the said application.

Junior Counsel to Standing Counsel No. -V submits that before filing the appeal, various decisions are taken at various levels of the Government and in that, the delay had occurred. This according to the learned Counsel constitutes sufficient cause. Hence the Court below failed to exercise its jurisdiction in refusing to condone the delay in filing the appeal.

Mr. S.S. Dwiwedi, Senior Advocate, appearing on behalf of the opposite party, however, submits that the petitioner, having not shown sufficient cause, the Court below, did not err in rejecting the application for condoning the delay in filing the appeal. He points out that, in fact, the petitioner applied for certified copy of the judgment and decree after the expiry of the period of limitation.

I am of the opinion that while dealing with the prayer of the State for condoning delay, peculiar characteristic of functioning of Government requires adoption of pragmatic approach. Petitioner has pleaded that the file was dealt with at various levels and only thereafter decision was taken to file appeal, which has occasioned delay. I am of the opinion that the petitioner had shown sufficient cause for condoning the delay and the court below failed to exercise its jurisdiction, while refusing to condone the delay in filing the appeal.

Petitioner as also the opposite party state that they shall appear before the Court below within six weeks.

As the matter is pending since 1998, the learned Judge, in session of the appeal, shall make endeavour to dispose of the same within three months from the date of appearance of the party. In the result, this application is allowed, order dated 19.7.2000 passed by the 2nd Additional District Judge, Buxar in Title Appeal No. 38 of 1998 is set aside and the delay in filing the appeal is condoned, subject to payment of a cost of Rs. 2,500/- to Dr. Manoj Kumar within four weeks and filing the receipt thereof in the Court below, within six weeks.