ABDUS SUKKUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The only question arising for decision in these appeals by special leave is whether the High Court was justified in rejecting the application of the appellants in these appeals seeking condonation of the delay of two days in filing the appeal.

(2.) The facts of the case briefly stated are as follow:The Punjab Government at the instance of the Punjabi University acquired certain lands under the provisions of the Land Acquisition Act. The acquired Lands were valued by the Land Acquisition Officer at Rupees 76,029.15 P. At the instance of the respondent the matter was referred to the District Judge under Section 18 of the Land Acquisition Act. The learned District Judge enhanced the compensation payable to Rupees 2,97,019.15 P. The Punjab Government and the Punjabi University wanted to file an appeal against that order. The Judgment of the District Judge was delivered on October 31, 1970. The Punjab University applied for a copy of the decree and the Judgment on November 18, 1970. The copies were made available on November 27, 1970. The Last day for filing the appeal was February 8, 1971. The appeal was actually filed on February, 10, 1971. Hence, there was delay of two days. Along with the appeal an application was filed under Section 5 of the Limitation Act praying for the condonation of the delay in filing the appeal. The appeal is said to have been filed jointly by the Punjab Government and the Punjabi University.

(3.) The reasons given in support of the application under Section 5 of the Limitation Act are as follows:One Atma Ram was the counsel for the Punjabi University. He had been instructed by the Punjabi University, to file the appeal. A sum of Rupees 5000/- had been paid to the Stamp vendor on February 1, 1971, itself for purchasing the necessary Court fee stamps. Necessary Court-fee stamps had been purchased on February 2, 1971. According to Mr. Atma Ram by some miscalculation he had noted in his brief that the last day for filing the appeal was February 11, 1971. He had sent a telegram to the Registrar of the Punjabi University of February 9. 1971, informing him that he should come down immediately to Chandigaryh as the appeal had to be filed by February 11, 1971. He had also informed him by telegram that the Government's sanction must be obtained by that date. The Registrar of the University went over to Chandigarh on February 10, 1971 and the appeal was filed on the same date. According to the Appellants the delay in filing the appeal was due to the mistaken mis-calculation made by Mr. Atma Ram. Mr. Atma Ram has filed an affidavit wherein he has stated that the appeal was filed two days after the period of limitation entirely because of his mistake. The learned Judges of the High Court have not disbelieved the version given by Mr. Atma Ram. On the other hand, they have opined that the right to file the appeal was primarily that of the Punjab Government and the Punjab Government has not given sufficient reason for their delay in filing the appeal. It may be noted that the party which was essentially interested in filing the appeal was the Punjabi University. It had to pay the compensation for the lands acquired. Therefore, there was nothing surprising if the Government had left the matters in the hands of the Punjabi University . The Punjab Government was only fighting the case for the benefit of Punjabi University. The facts stated by Mr. Atma Ram in his affidavit are highly probable and we see no reason to disbelieve the version given by him. If the version is believed, as we do, then it affords a good ground for condoning the delay in filing the appeal. It is true that Mr. Atma Ram committed a mistake in his calculation. But that is not the same thing as negligence. In matters of calculation it is common knowledge that people do commit mistakes. They are bona fide mistakes and those mistakes have got to be taken note of by the Courts in considering whether the delay in filing the appeal should be condoned or not. It has been repeatedly held by Courts that a mistake by a lawyer is good ground for condoning the delay in filing the appeal. Quite recently this very question came up for consideration by this Court in Civil Appeals Nos. 821-823 of 1968 . Dealing with that question this Court observed.