1. The present respondent filed H.R.P. Civil Suit No.3577 of 2002 before the Small Causes Court, Ahmedabad, which was rejected by the Court on 1.4.2008. The respondent filed appeal against the order and judgment after the delay of more than 3 years, which has been condoned and the same has been challenged before this Court under Article 227 of the Constitution of India.
2. It is the say of the petitioner that there is no sufficiency of the cause shown before the appellate forum and yet such huge delay had been condoned. He further urged that being financially and mentally perturbed can never be a ground for allowing the application for condonation of delay of 3 years and 195 days.
2. As can be noted from the order impugned passed in delay condonation application No.20 of 2012 dated 20.3.2012 the Division Bench of the Small Causes Court considered duly the submissions of both the sides and also examined the material on record to conclude that there was sufficiency of cause for it to adopt a liberal approach in condoning the delay. The Court relied on the judgment of this Court for substantiating its reasons.
3. This petition under Article 227 of the Constitution of India is filed where the powers are required to be exercised in rarest of rare cases. What is presently being challenged is the application for condonation of delay from the record. There does not appear to be neither jurisdictional error nor any illegality in allowing such delay. On the contrary, there are catena of decisions, which necessitate the liberal approach to be adopted by trial Courts while considering such request. The Court, having found that the substantive cause of the respondent would be marred by not allowing such request, has chosen to condone the delay. No interference in this petition is necessary. Petition is dismissed.
(Ms.Sonia Gokani, J.) sudhir Top