The latest ruling from the Apex Court on the need for deciding cases, which are otherwise to be dismissed for delay in filng, on merits reads as follows:-

Courts ought not to dismiss cases on mere technicalities like delay in filing an appeal or a petition unless a malafide intent is apparent on the side of the litigants, the Supreme Court has held.

A bench of Justices Deepak Verma and K S Radhakrishnan observed that courts have a duty to decide every case on merits. It is the duty of the court to see to it that justice should be done between the parties. It is pertinent to point out that unless malafide is writ large on the conduct of the party, generally as a normal rule, delay should be condoned. In the legal arena, an attempt should always be made to allow the matter to be contested on merits rather than to throw it out on technicalities.”

The apex court passed the order while upholding an appeal filed by the Improvement Trust, Ludhiana, challenging the concurrent orders passed by the district court and the Punjab and Haryana High Court on the auction of certain properties it owns.

Courts ought not to dismiss cases on mere technicalities like delay in filing an appeal or a petition unless a malafide intent is apparent on the side of the litigants, the Supreme Court has held.

 EDITOR’s comment:-

The present ruling of the Apex court would benefit the Governmental departments more than a private appellant, since the gvenmental procedures sometimes causes undue delay in the filing of the appeals by such departments and in most of the appeals involving merits, the dept. appeal get dismissed on grounds of delayed filing. If the Courts follow the present ruling of the Apex Court, then revenue appeals involving crores of taxes/duties could be decided on merit. If the Tax Tribunals also adopt the revised ruling of the Apex Court, the benefit to both the Govt. and the private parties can be substantial. It may result in clear delivery of justice in deserving appeals.

VENKATRAMAN RAGGHUPATHY, Web admin.

SUPREME COURT JUDGEMENTS