IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 CRP.No. 178 of 2010() --------------------- CMA.59/2008 of D.C & SESSIONS COURT,TRIVANDRUM .................... REVN. PETITIONER/IST APPELLANT: ---------------------------------- REGHUNATHAN, AGED 54, S/O.GOVINDAN, R/AT KRISHNA VILASAM, ANANDAESWARAM, CHEMPAZHANTHI, THIRUVANANTHAPURAM, REP. BY HIS P/A HOLDER AND WIFE RENUKA DEVI, AGED 49, R/AT KRISHNA VILASAM, AANANDESWARAM, CHEMPAZHANTHI, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS/RESPONDENTS & IInd PETITIONER: --------------- 1. DINESAN, S/O. BHARATHAN ACHARI, KP 11/82, PUTHUVILA PUTHEN VEEDU, KARIKKAKAM MURI, NOW RESIDING AT KUSAKKODU TEMPLE LANE, THIRUMALA. 2. SOMASEKHARAN NAIR, S/O. PARAMESWARAN NAIR, K.P. BHAVAN, CHEMPAZHANTHY. 3. GIREESAN, S/O. GOVINDAN, KRISHNALAYAM, CHEMPAZHANTHI MURI. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 08/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No.178 of 2010 --------------------------------------- Dated this 08th day of June, 2010 ORDER Plaintiff No.1 in O.S.No.478 of 1999 of the court of learned Additional Munsiff-I, Thiruvananthapuram is the revision petitioner. He along with respondent No.3 sued respondent Nos.1 and 2 for declaration that the sale deed dated 23-09-1998 executed by him and respondent No.3 is only a security for the loan transaction with respondent Nos.1 and 2 and seeking re-conveyance of the property. Since petitioner was in Gulf the case was being conducted by respondent No.3 and it was dismissed for default on 03-07-2003. Petitioner and respondent No.3 filed I.A.No.6944 of 2003 for restoration of the suit which also ended in a dismissal on 28-10- 2003. Petitioner and respondent No.3, after about 4½ years of dismissal of I.A.No.6944 of 2003 preferred C.M.Appeal.No.59 of 2008 with I.A.No.2701 of 2008 to condone the delay in filing that appeal. Learned District Judge was not impressed by the reason stated by petitioner and respondent No.3 in seeking condonation of delay, dismissed that application and consequently the appeal as well. That judgment is under challenge in this revision petition. Learned counsel for petitioner, placing reliance on the decision of C.R.P.No.178 of 2010 : 2 : the apex court in Collector, Land acquisition, Anantniag and Another Vs. Mst. Katiji & Ors. (AIR 1987 SC 1353), N Balakrishnan Vs. Krishnamurthy (AIR 1988 SC 3222) and M.K Prasad Vs. P. Arumugan (AIR 2000(1) SC 2497) has urged that appellate court was not correct in dismissing application to condone the delay. According to the learned counsel facts and circumstances of the case warranted indulgence of the court. It is also contended by learned counsel that the reason stated by learned District Judge in refusing to condone the delay is not factually correct. Learned counsel submitted that stake involved in the case is very high in that document which is sought to be set aside is in respect of valuable property which according to petitioner and respondent No.3 was executed merely as a security for the loan availed by petitioner while he went abroad. 2. No doubt decisions on the point say that the courts have to take a liberal approach while approaching the request for condonation of delay. But as Section 5 of the Limitation Act (for short, “the Act”) states, condonation of delay is possible only when “sufficient cause” is shown and as the Supreme Court says in Ramlal & Ors. Vs. Rewa Coalfields Ltd (AIR 1962 SC 361) question of court exercising discretion in the matter arises only when the party has shown sufficient cause. The word “sufficient” means adequate, effective, sufficient quantity, enough and the word “cause” means that which produces an effect, by or through C.R.P.No.178 of 2010 : 3 : which anything happens, a motive, an inducement etc. The Gujarat High Court in Municipal Corporation of Ahamedabad Vs. Voltas Ltd. (AIR 1995 Guj 29) has held that the expression “sufficient cause” is not a question of principle but is a question of fact to be decided depending on the facts and circumstances of each case and that whether to condone the delay or not depends on the facts and circumstances of the case involved as “sufficient cause” depends only on the facts placed before court by the applicant. The Supreme Court in Rajendar Singh & Ors. Vs. Santa Singh & Ors. (AIR 1973 SC 2537) states that the object of law of limitation is to prevent disturbance of what may have been acquired in equity and justice by long enjoyment or what may have been lost by party's own inaction, negligence or laches. It is stated, the law of limitation is in accordance with the maxim “interest reipublicae ut sit finis litium” meaning that the interest of the state requires that there should be an end to litigation (See (1852)5 Moor Ind. App. 234). In R.B.Policies at Lloyd's V. Butler (1949(2) ALL.E.R 226) quoting Best, C.J. In A' Court Vs. Cross, (3 Bing. 332) it is stated that “long dormant claims have often more of cruelty than of justice in them”. Question whether delay has to be condoned has to be approached in the backdrop of above legal position and taking into account the factual situation emerging in the case. Here is a case where the C.R.P.No.178 of 2010 : 4 : registered sale deed which is impugned in the suit is dated 23-09- 1998 and of course the suit was filed in the year 1999 alleging that it is executed only as a security. That suit was dismissed on 03-07- 03 after 4½ years of institution of the suit. I.A.No.6944 of 2003 for restoration of the suit itself was dismissed on 28-10-2003. It is 4½ years thereafter that the C.M.Appeal was filed challenging order dated 28-10-2003. Reason stated is that respondent No.2 had approached Advocate Asok Kumar who advised him to file a fresh suit and accordingly parties were waiting for the counsel to prepare a fresh suit and that resulted in the delay. Then they were advised to file C.M.Appeal. Thereafter clerk of the counsel was instructed to get copy of the order on I.A.No.6944 of 2003 and on getting a copy of the same C.M.Appeal was filed. Learned District Judge pointed out in the impugned judgment that though explanation stated by petitioner and respondent No.3 for condonation of delay is that they took advise from Advocate Asok Kumar. Records revealed that a senior lawyer of the Bar Adv. T Devasahayam was appearing for petitioner and respondent No.3 in the suit in which case there was no occasion for petitioner and respondent No.3 to have sought legal advise from Adv. Asok Kumar who was a junior practicing with Advocate T Devasahayam. Learned counsel has an explanation that Adv. Asok Kumar had set up independent office and was conducting the case but, no such explanation was offered before the learned District Judge. It is C.R.P.No.178 of 2010 : 5 : very difficult to think that for about 4½ years even on the advise given by the junior counsel petitioner and respondent No.3 were waiting to get the new suit prepared by the counsel. For about 4½ years they did not move. It is not as if every wrong advise by counsel justified the delay. Here is a case where there is a registered assignment deed in favour of respondent Nos.1 and 2 which stated that they purchased the property for valid consideration. About 4½ years the suit was dismissed for default. It is after another 4½ years that dismissal of the application to set aside the dismissal was challenged in appeal. 3. Having regard to the facts and circumstances of the case I am not inclined to accept the argument of learned counsel for petitioner that sufficient cause has been shown by petitioner and respondent No.3 and that discretion of the court in the matter ought to have been exercised in their favour. I am not persuaded to think that there is any illegality or irregularity committed by learned District Judge in dismissing the application to condone the delay and consequently the appeal as well so that this court in exercise of its supervisory power is required to interfere. Resultantly revision petition fails and it is dismissed. (THOMAS P JOSEPH, JUDGE) Sbna/-