ESTATE OFFICER, HARYANA URBAN DEVELOPMENT AUTHORITY & ANR.versusGOPI CHAND ATREJA

1000                SUPREME[2019]
                            COURT   REPORTS
                                  2 S.C.R. 1000              [2019] 2 S.C.R.


 A        ESTATE OFFICER, HARYANA URBAN DEVELOPMENT
                              AUTHORITY & ANR.
                                        v.
                             GOPI CHAND ATREJA
                      (Civil Appeal Nos. 5051-5052 of 2009)
 B                              MARCH 12, 2019
                     [ABHAY MANOHAR SAPRE AND
                        DINESH MAHESHWARI, JJ.]
            Limitation Act:

 C             s.5 – Condonation of delay – Delay of 1942 days in filing
       second appeal – Application seeking condonation of delay rejected
       by the High Court – Held: Delay was inordinate and not properly
       explained – Appellant-HUDA is a statutory authority created under
       the Haryana Urban Development Authority Act, 1977 and has well-
       established legal department to look after the legal cases in various
 D     Courts – Appellants were, therefore, fully aware of the adverse orders
       passed in the first appeal against them – There was, therefore, no
       justification on their part to keep quiet for such a long time and not
       to file the appeal within 90 days or/and re-file it immediately after
       curing the defects – If, according to the appellants-HUDA, their
 E     lawyer did not take timely steps, which resulted in delay in its filing/
       refiling, then, it cannot be regarded as a sufficient cause within the
       meaning of s.5 of the Limitation Act – Delay rightly not condoned
       by the High Court – Delay/laches – Haryana Urban Development
       Authority Act, 1977.

 F           Dismissing the appeals, the Court
              HELD: 1. It is not in dispute that the appellants had been
       contesting the civil suit and the first appeal since inception. They
       were, therefore, fully aware of the adverse orders passed in the
       first appeal against them. There was, therefore, no justification
       on their part to keep quiet for such a long time and not to file the
 G
       appeal within 90 days or/and re-file it immediately after curing
       the defects. It was the duty of the appellants (their legal managers)
       to see that the appeal be filed in time. If the appellants noticed
       that their lawyer was not taking interest in attending to the brief

 H
                                        1000
   ESTATE OFFICER, HARYANA URBAN D. AUTHORITY v.                             1001
                 GOPI CHAND ATREJA

in question, then they should have immediately engaged some                  A
other lawyer to ensure that the appeal be filed in time by another
lawyer. [Paras 17, 19][1003-D-G]
      2. It is a clear case where the appellant-HUDA,i.e., their
officers, who were in-charge of the legal cell failed to discharge
their duty assigned to them promptly and with due diligence                  B
despite availability of all facilities and infrastructure. In such
circumstances, the officers-in-charge of the case should be made
answerable for the lapse on their part and make good the loss
suffered by the appellants-HUDA. A delay of 1942 days (4 years
6 months), is wholly inordinate and the cause pleaded for its
condonation is equally unexplained by the appellants. In any case,           C
the explanation given does not constitute a sufficient cause within
the meaning of Section 5 of the Limitation Act. It was, therefore,
rightly not condoned by the High Court. [Paras 20, 21]
[1003-G, H][1004-A, B]
      CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 5051-                 D
5052 of 2009.
      From the Judgment and Order dated 23.01.2008 of the High
Court of Punjab and Haryana at Chandigarh in Regular Second Appeal
No. 4110 of 2007 & order dated 05.05.2008 in RAC No. 23-C of 2008 in
Regular Second Appeal No. 4110 of 2007.                                      E

       Vishwa Pal Singh, Dr. Sanjay Gupta, Ugra Shankar Prasad, Advs.
for the Appellants.
      Gagan Gupta, Adv. for the Respondent.
      The Judgment of the Court was delivered by                             F
      ABHAY MANOHAR SAPRE, J.
       1. These appeals are directed against the final judgment and orders
dated 23.01.2008 and 05.05.2008 passed by the High Court of Punjab
& Haryana at Chandigarh in R.S.A. No.4110 of 2007 and R.A.C. No.23-
C of 2008 in R.S.A. No.4110 of 2007 respectively whereby the High            G
Court dismissed the second appeal as well as the review application
filed by the appellants herein.
       2. These appeals involve a short point as would be clear from the
facts mentioned hereinbelow.
                                                                             H
1002                 SUPREME COURT REPORTS                       [2019] 2 S.C.R.


 A           3. The appellants herein is the Haryana Urban Development
       Authority (hereinafter referred to as “HUDA”). They are the
       defendants whereas the respondent is the plaintiff in the civil suit out of
       which these appeals arise.
               4. The respondent filed a civil suit being Civil Suit No.305 of 2000
 B     in the Court of Civil Judge(Jr. Division), Karnal against the
       appellants(HUDA) claiming a decree for declaration with consequential
       relief of permanent and mandatory injunction in relation to the suit land.
       The suit was decreed by the Trial Court on contest vide judgment/decree
       dated 01.05.2001.
 C           5. The appellants (defendants) felt aggrieved and filed first appeal
       being Civil Appeal No.92 of 2001 in the Court of Additional District
       Judge, Karnal. By judgment dated 07.02.2002, the first Appellate Court
       dismissed the appeal and affirmed the judgment/decree of the Trial Court.
              6. The appellants felt aggrieved and filed second appeal in the
 D     High Court of Punjab & Haryana at Chandigarh. Since the appeal filed
       by the appellant was barred by 1942 days, the appellants filed an
       application under Section 5 of the Limitation Act and prayed for condoning
       the delay in filing the second appeal.
              7. By impugned order dated 23.01.2008, the High Court rejected
 E     the application and declined to condone the delay. The High Court held
       that the cause pleaded by the appellants for condoning the delay is not a
       sufficient cause. As a consequence, the second appeal was also
       dismissed as being barred by limitation.
              8. Challenging the said order, the appellants filed a review petition.
 F     By order dated 05.02.2008, the High Court also dismissed the review
       petition.
               9. Against the orders dated 23.01.2008 and 05.02.2008, the
       appellants(defendants) have filed these appeals by way of special leave
       in this Court.
 G           10. So, the short question, which arises for consideration in these
       appeals, is whether the High Court was justified in dismissing the
       appellants’ second appeal on the ground of limitation.
             11. In other words, the question arises for consideration in these
       appeals is whether the High Court was justified in not condoning the
 H     delay of 1942 days in filing the second appeal by the appellants
       (defendants).
   ESTATE OFFICER, HARYANA URBAN D. AUTHORITY v.                                1003
    GOPI CHAND ATREJA [ABHAY MANOHAR SAPRE, J.]

     12. Heard Mr. Vishwa Pal Singh, learned counsel for the appellants         A
and Mr. Gagan Gupta, learned counsel for the respondent.
       13. Having heard the learned counsel for the parties and on perusal
of the record of the case, we find no merit in these appeals.
       14. In our view, the delay of 1942 days in filing the second appeal
in the High Court was rightly not condoned by the High Court for the            B
reasons mentioned below.
      15. First, the delay was inordinate; Second it was not properly
explained; and Third, the ground alleged in support of application filed
under Section 5 of the Limitation Act did not constitute a sufficient cause.
                                                                                C
       16. The appellant-HUDA is a statutory authority created under
the Haryana Urban Development Authority Act, 1977. It has its well-
established legal department to look after the legal cases filed by HUDA
and against the HUDA in various Courts. They have panel of lawyers to
defend their interest in Courts.
                                                                                D
       17. It is not in dispute that the appellants had been contesting the
civil suit and the first appeal since inception. The appellants were,
therefore, fully aware of the adverse orders passed in the first appeal
against them. There was, therefore, no justification on their part to keep
quiet for such a long time and not to file the appeal within 90 days or/and
re-file it immediately after curing the defects.                                E
       18. If, according to the appellants-HUDA, their lawyer did not
take timely steps, which resulted in causing delay in its filing/refiling,
then, in our view, it cannot be regarded as a sufficient cause within the
meaning of Section 5 of the Limitation Act.
                                                                                F
      19. In our view, it was equally the duty of the appellants (their
legal managers) to see that the appeal be filed in time. If the appellants
noticed that their lawyer was not taking interest in attending to the brief
in question, then they should have immediately engaged some other
lawyer to ensure that the appeal be filed in time by another lawyer.
       20. In our view, it is a clear case where the appellant-HUDA,i.e.,       G
their officers, who were in-charge of the legal cell failed to discharge
their duty assigned to them promptly and with due diligence despite
availability of all facilities and infrastructure. In such circumstances, the
officers-in-charge of the case should be made answerable for the lapse
on their part and make good the loss suffered by the appellants-HUDA.           H
1004                   SUPREME COURT REPORTS                   [2019] 2 S.C.R.


 A            21. A delay of 1942 days (4 years 6 months), in our view, is wholly
       inordinate and the cause pleaded for its condonation is equally unexplained
       by the appellants. In any case, the explanation given does not constitute
       a sufficient cause within the meaning of Section 5 of the Limitation Act.
       It was, therefore, rightly not condoned by the High Court and we concur
 B     with the finding of the High Court.
              22. The appeals thus fail and are accordingly dismissed.

       Devika Gujral                                              Appeals dismissed.



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