Unless conduct of the party is mala fide, delay should be condoned

Brief : Unless the conduct of the party suggests that it had a mala fide intent, generally as a normal rule, delay should be condoned. An attempt should always be made to allow the matter to be contested on merits, rather than to conclude it merely on the basis of technicalities.

Citation : Improvement Trust Vs. Ujagar Singh (Supreme Court) (Civil Appeal No. 2395 of 2008)

Court : Supreme Court

Facts :

· Improvement Trust, Ludhiana (Appellant) acquired land belonging to Ujagar Singh and three others (Respondents) for a development scheme, but failed to pay the compensation amount.

· Appellant’s property was attached for realization and was put to auction sale, after giving due notice under the Code of Civil Procedure (CPC). Appellant did not respond to the notice and the sale was confirmed in favor of the highest bidder, who deposited the sale proceeds in due time.

· After confirmation of the sale, the Appellant filed objections for setting aside the auction sale.

· Appeal filed by the Appellant before the Appellate Court and High Court was dismissed on the ground that it was barred by limitation by a couple of months and that sufficient ground was not there for con donation of delay.

Issues before Supreme Court: Whether the High Court was justified in dismissing the Appellant’s appeal on the ground of delay?

Observations and Ruling of the Supreme Court:

· While considering an application for con donation of delay, there is no formula which is prescribed to arrive at a conclusion that sufficient and good grounds exist. Each case needs to be decided on the facts and circumstances.

· Unless the conduct of the party suggests that it had a mala fide intent, generally as a normal rule, delay should be condoned. An attempt should always be made to allow the matter to be contested on merits, rather than to conclude it merely on the basis of technicalities.

· Thus, the Supreme Court set aside the orders passed by the Appellate Court and High Court and granted condonation for delay.