Mohd. Izrail vs Shri Amolak Singh Bhatiya on 14 May, 2026

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    Chattisgarh High Court

    Mohd. Izrail vs Shri Amolak Singh Bhatiya on 14 May, 2026

    Author: Parth Prateem Sahu

    Bench: Parth Prateem Sahu

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    SYED
    ROSHAN
    ZAMIR
    ALI
    
    Digitally                                                2026:CGHC:23061-DB
    signed by
    SYED                                                                   AFR
    ROSHAN
    ZAMIR ALI
                        HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                     WP227 No. 287 of 2024
                  1. Mohd. Izrail S/o Raza Khan Aged About 45 Years R/o
                      Vinobha Nagar, Street No. 2, Bilaspur, Tahsil And District
                      Bilaspur, Chhattisgarh
                                                                    ... Petitioner
                                               versus
                  1. Shri Amolak Singh Bhatiya S/o Late Harvansh Singh Bhatiya
                      R/o Dayalband, Bilaspur, Tahsil And District Bilaspur (CG)
                                                                    ... Respondent
                For Petitioner       :   Mr. J.K. Gupta, Advocate
                For Respondent       :   Mr. Waquar Naiyer, Advocate
    
                         DB: Hon'ble Mr. Justice Parth Prateem Sahu,J
                          & Hon'ble Mr. Justice Sachin Singh Rajput, j
    
                                          Order on Board
    
                Per Parth Prateem Sahu, J
    
    

    14.05.2026

    1. Present writ petition under Article 227 of the Constitution of

    SPONSORED

    India has been filed by petitioner, who is aggrieved by the

    order dated 20.02.2024, Annexure P-4, by which the

    Chhattisgarh Rent Control Tribunal, Raipur (for short ‘the

    Tribunal’) has dismissed the application for condoning delay
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    in filing appeal against the order dated 28.7.2023 passed by

    the Rent Control Authority, Bilaspur in Case No.32/A-90

    (7)/2022-23 and consequently dismissed appeal also.

    2. Facts of the case, in brief, are that respondent filed an

    application under Section 12 of the Chhattisgarh Rent Control

    Act 2011 (for short ‘the Act of 2011’) seeking eviction of

    petitioner herein from the premises in question and arrears of

    rent. Upon receipt of summons, petitioner appeared before

    the Rent Control Authority through his counsel and filed reply.

    Based on pleadings of the parties, issues were framed on

    3.4.2023 and thereafter the case was fixed for recording of

    evidence of the parties. However, petitioner or counsel

    engaged by him stopped appearing thereafter and

    accordingly, an ex-parte order was passed against the

    petitioner on 28.7.2023. On 20.9.2023, petitioner filed an

    appeal under Section 13 of the Act of 2011 along with an

    application for condonation of delay on the ground that he

    came to know about eviction order only upon service of notice

    of execution proceeding. The Tribunal dismissed the

    application for condonation of delay as also appeal on the

    ground that the same is barred by limitation recording that

    petitioner was aware of the proceeding since before,

    therefore, reason assigned for condoning the delay in filing
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    appeal that he came to know for the first time about the case

    on 14.09.2023, is not proper.

    3. Learned counsel for the petitioner would submit that the

    petitioner was not having knowledge of the impugned order

    dated 28.7.2023 passed ex-parte. Petitioner came to know

    about the eviction order for the first time when, notice of

    execution proceeding initiated by respondent was received by

    him. Just after knowledge of order of eviction, petitioner

    immediately filed the appeal as well as application for

    condoning delay. However, learned Tribunal disbelieved the

    reason assigned for condoning delay by adopting a very rigid

    approach and rejected application of petitioner seeking

    condonation of delay as also the appeal.

    He submits that present is not the case where petitioner

    avoided service of eviction proceeding or after service of

    notice has avoided the Court. Rather, after service of notice

    of eviction proceeding, petitioner caused his appearance,

    engaged a counsel and submitted reply also, which show

    petitioner’s intention to defend the case. Therefore, it cannot

    be said that delay occurred in filing appeal is deliberate or on

    account of negligence on the part of petitioner. He further

    submits that the pleadings in an application for condonation of

    delay are required to be interpreted liberally and in a justice-

    oriented manner, the Courts should examine the substance
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    and bona fides of the explanation offered for delay caused

    rather than adopt a pedantic or hyper-technical approach. In

    these circumstances, the Tribunal ought to have condoned

    the delay in preferring appeal, which is not inordinate.

    4. Per contra, learned counsel appearing on behalf of

    respondent supports the impugned order and opposes

    submissions made by learned counsel for petitioner. He

    submits that the absence of the petitioner was willful in nature

    just to avoid passing of decree of eviction against him.

    Petitioner is duty bound to explain the delay of each and

    every day and from the contents of application for

    condonation of delay it is clear that petitioner did not properly

    explain the delay caused even after 14.09.2023. The Tribunal

    has assigned just and proper reason for rejecting the

    application for condonation of delay, which does not call for

    interference.

    5. Heard learned counsel for the parties and perused the

    documents available in record of writ petition.

    6. From perusal of record it is noticed that after service of notice

    of application for eviction, petitioner appeared before the Rent

    Control Authority, engaged the counsel namely Shri Raj

    Kamal Kaushik, Advocate who filed vakalatnama on behalf of

    petitioner-tenant on 8.12.2022 and thereafter reply on

    28.2.2023. Petitioner-tenant was proceeded ex-parte on
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    12.7.2023 as on previous dates of hearing neither petitioner

    nor the counsel engaged by him appeared. Thereafter on

    28.7.2023 ex-parte eviction order was passed against

    petitioner under Section 12 of the Act of 2011. Said order was

    appealable under Section 13 of the Act of 2011 and there was

    a limitation of 30 days in filing appeal as per Rule 10 of the

    Chhattisgarh Rent Control Adaptation Rules, 2016. Petitioner

    filed appeal on 20.9.2023 i.e. after 21 days of the period of

    limitation, and reason assigned for condoning such delay is

    that petitioner was not aware about passing of the impugned

    order and came to know about the same only on 14.9.2023

    when notice of eviction proceeding was received by him. The

    Tribunal vide order impugned rejected the application for

    condonation of delay and consequent thereto appeal being

    barred by time recording that petitioner though aware of the

    eviction proceeding but submitted false affidavit that he came

    to know about the case on 14.09.2023, therefore, the reason

    assigned for condoning the delay is not proper and as such,

    petitioner failed to offer sufficient reason.

    7. In view of above, the question that falls for consideration is

    whether learned Tribunal was justified in refusing to condone

    the delay in filing the appeal.

    8. In case of Vedabai alias Vaijyanatabai Baburao Patil vs

    Shantaram Baburao Patil and others, reported in (2001) 9
    6

    SCC 106 Hon’ble Supreme Court has held that pragmatic

    attitude should be adopted by Courts and liberal approach is

    required while considering application for condonation of

    delay and distinction is made between cases in which delay is

    inordinate, thus giving rise to question of prejudice to the

    other side and the cases where delay is of a few days only.

    9. In case of Improvement Trust, Ludhiana Vs. Ujagar Singh

    and others, reported in (2010) 6 SCC 786, Hon’ble Supreme

    Court has held that unless mala-fides are writ large on

    conduct of the party, as a normal rule delay should be

    condoned. It has further been held that attempt should always

    be made to allow the matter to be contested on merits rather

    than throw it out on technicalities and each case is to be

    weighed on its facts and circumstances.

    10. In case of S. Ganeshraju (Dead) through L.Rs and another

    Vs. Narasamma (Dead) through L.Rs and others reported

    in (2013) 11 SCC 341, Hon’ble Supreme Court has held thus:

    “12.The expression “sufficient
    œ cause” as
    € appearing in
    Section 5 of the Limitation Act, 1963, has to be given a
    liberal construction so as to advance substantial justice.
    Unless the respondents are able to show mala fides in
    not approaching the court within the period of limitation,
    generally as a normal rule, delay should be condoned.
    The trend of the courts while dealing with the matter
    with regard to condonation of delay has tilted more
    towards condoning delay and directing the parties to
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    contest the matter on merits, meaning thereby that such
    technicalities have been given a go-by.

    13] The rules of limitation are not meant to destroy or
    foreclose the right of parties. They are meant to see
    that parties do not resort to dilatory tactics but seek
    their remedy promptly.

    14] We are aware of the fact that refusal to condone
    delay would result in foreclosing the suitor from putting
    forth his cause. There is no presumption that delay in
    approaching the court is always deliberate. In fact, it is
    always just, fair and appropriate that matters should be
    heard on merits rather than shutting the doors of justice
    at the threshold. Since sufficient cause has not been
    defined, thus, the courts are left to exercise a discretion
    to come to the conclusion whether circumstances exist
    establishing sufficient cause. The only guiding principle
    to be seen is whether a party has acted with reasonable
    diligence and had not been negligent and callous in the
    prosecution of the matter……”

    11. In the matter of Esha Bhattacharjee v Managing

    Committee of Raghunathpur Nafar Academy and others,

    reported in (2013) 12 SCC 649, Hon’ble Supreme Court while

    summarizing the principles applicable while dealing with

    application for condonation of delay, has observed thus;:-

    “21. From the aforesaid authorities the principles that
    can broadly be culled out are:

    21.1 There should be a liberal, pragmatic, justice-

    oriented, non-pedantic approach while dealing
    with an application for condonation of delay, for
    8

    the courts are not supposed to legalise injustice
    but are obliged to remove injustice.

    21.2 The terms “sufficient cause” should be
    understood in their proper spirit, philosophy and
    purpose regard being had to the fact that these
    terms are basically elastic and are to be applied
    in proper perspective to the obtaining fact-
    situation.

    21.3 Substantial justice being paramount and
    pivotal the technical considerations should not be
    given undue and uncalled for emphasis.

    21.4 No presumption can be attached to
    deliberate causation of delay but, gross
    negligence on the part of the counsel or litigant is
    to be taken note of.

    21.5 Lack of bona fides imputable to a party
    seeking condonation of delay is a significant and
    relevant fact.

    21.6 It is to be kept in mind that adherence to
    strict proof should not affect public justice and
    cause public mischief because the courts are
    required to be vigilant so that in the ultimate
    eventuate there is no real failure of justice.
    21.7 The concept of liberal approach has to
    encapsule the conception of reasonableness and
    it cannot be allowed a totally unfettered free play.
    21.8 There is a distinction between inordinate
    delay and a delay of short duration or few days,
    for to the former doctrine of prejudice is attracted
    whereas to the latter it may not be attracted. That
    apart, the first one warrants strict approach
    whereas the second calls for a liberal delineation.
    21.9 The conduct, behaviour and attitude of a
    party relating to its inaction or negligence are
    relevant factors to be taken into consideration. It
    is so as the fundamental principle is that the
    courts are required to weigh the scale of balance
    of justice in respect of both parties and the said
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    principle cannot be given a total go by in the
    name of liberal approach.

    21.10 If the explanation offered is concocted or
    the grounds urged in the application are fanciful,
    the courts should be vigilant not to expose the
    other side unnecessarily to face such a litigation.
    21.11 It is to be borne in mind that no one gets
    away with fraud, misrepresentation or
    interpolation by taking recourse to the
    technicalities of law of limitation.

    21.12 The entire gamut of facts are to be
    carefully scrutinized and the approach should be
    based on the paradigm of judicial discretion
    which is founded on objective reasoning and not
    on individual perception.

    21.13 The State or a public body or an entity
    representing a collective cause should be given
    some acceptable latitude.”

    12. On a conspectus reading of the above principles set out in

    above decisions, it is clear that a liberal approach should be

    extended while considering the application for condonation of

    delay as refusal to condone the delay may result in a

    meritorious matter being thrown out at the very threshold and

    cause of justice being defeated. However, while adopting

    liberal approach, Court cannot ignore the principle of law that

    law comes to rescue only diligent litigants. It is also clear to

    the effect that it is not the number of days of delays that

    matters, but the conduct, behaviour and attitude of the party

    which caused the delay. Substantial justice being paramount

    and pivotal, the technical considerations should not be given

    undue and uncalled for emphasis.

    10

    13. In case at hand, as noticed above, after service of notice of

    eviction proceeding, petitioner put in appearance, engaged a

    counsel to defend the proceeding of eviction filed against him

    and also filed reply to application for eviction, however, the

    petitioner was proceeded ex-parte and ex-parte order of

    eviction was passed against him. It is also evident from the

    order sheets of the Rent Control Authority that no notice was

    issued/sent to petitioner before passing ex-parte order.

    Petitioner getting knowledge of ex-parte order of eviction

    when notice of execution proceeding was served upon him,

    filed an appeal along with application for condonation of

    delay, within 06 days of knowledge, through another counsel.

    Thus, it can be safely inferred that the petitioner was not

    careless or negligent in prosecuting the eviction proceeding.

    14. There is no quarrel on the point that the pleadings are hand-

    work of the lawyers and therefore, while interpreting

    pleadings, the real intention of the parties will have to be seen

    rather than adopting a hyper-technical approach based on

    drafting imperfections. In case at hand also, the application

    for condonation of delay might not be drafted eloquently or

    articulately, but the real intention of the petitioner to contest

    the case on merits can be gathered from steps taken by him

    while prosecuting eviction proceeding, as discussed above.
    11

    15. In view of the above, we are of the considered view that the

    Tribunal erred in mechanically dismissing the application for

    condonation of delay as also appeal on the ground that the

    same is barred by limitation. In the considered opinion of this

    Court, petitioner deserves opportunity to contest the case on

    merits.

    16. Resultantly, present writ petition is allowed. Impugned order

    dated 20.02.2024 (Annexure P-4) passed by the learned Rent

    Control Tribunal, Raipur is hereby set aside. Delay in filing

    appeal under Section 13 of the Act of 2011 before the Rent

    Control Tribunal is condoned and the appeal is restored. The

    Rent Control Tribunal is directed to decide the appeal on

    merits, as expeditiously as possible, in accordance with law

    after providing opportunity of hearing to both the parties.

    Parties are directed to appear before the Tribunal on

    03.06.2026.

    17. Record be sent back forthwith.

         Sd/-                                          Sd/-
    (Parth Prateem Sahu)                       (Sachin Singh Rajput)
         Judge                                       Judge
    
    
    roshan/-
     



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