AIR 1972 SUPREME COURT 1973 ::1973 3 SCC 800 ::74 Pun LR 908 ::1972 SCD 478

Supreme Court Of India

(From Punjab : 1968 Cur LJ 108)

Hon'ble Judge(s): K. S. Hegde, P. Jaganmohan Reddy, G. K. Mitter , JJJ

Limitation Act (36 of 1963) , S.5— 'Sufficient cause' - Bona fide mistake of Counsel in computation of limitation for appeal against compensation awarded under S. 18, Land Acquisition Act - Condonation of delay. An appeal against the award of enhanced compensation for land acquired for the Punjab University was filed jointly by the University and the State Government two days beyond the limitation due to a bona fide miscalculation of the period of limitation by the Counsel for the University. The High Court accepting the explanation of the Counsel, refused to condone the delay solely on the ground that there was no explanation for the delay from the State Government which had primarily the right to file the appeal. Held that the party which was essentially interested in filing the appeal was the Punjab University, as it had to pay the compensation amount for the land acquired. Moreover, the matter of filing the appeal having been entrusted by the Punjab Government to the University, the absence of explanation from the Government for the delay was of no consequence. The High Court therefore erred in holding that there was no 'sufficient cause' for condonation. 1968 Cur LJ 108, Reversed. AIR 1972 SC 749, Foll.(Para 3 5) .....