CODE OF CIVIL PROCEDURE, 1908:

Or. 22,r.4 - Abatement of appeal -Inordinate delay in filing application for bringing legal heirs on record and for setting aside abatement - High Court passed a conditional order giving final opportunity to do the needful, failing which ·. the appeal was to stand dismissed-Order not complied with-Subsequently, High Court allowed all applications condoning 3703 days delay in filing the application to bring the legal heirs on record and 883 days delay in filing petition to set aside the dismissal order-Held: Whilst considering applications for condonation of delay u/s 5 of the Limitation Act, the courts do not enjoy unlimited and unbridled discretionary powers-All discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the law-The discretion has to be exercised in a systematic manner informed by reason-Whims or fancies, prejudices or predilections can not and should not form the basis of exercising discretionary powers-High Court, having recorded its conclusions and findings on the unacceptable explanation for delay, should not have condoned unconscionable delay-Judgement of High Court is unsustainable either in law or in equity and is set aside -- Limitation Act, 1963 -- s. 5.

ADMINISTRATION OF JUSTICE

Remarks in judgement of High Court on performance of government pleaders -Appeal filed by State Government, before High court-Inordinate delay on the part of Government pleaders in taking steps to bring heirs and legal representative of the respondent on record-Remarks made by High Court against Government pleaders-Held: High Court has, rather sarcastically, dubbed the government pleaders as without merit and ability-The approach adopted by the High Court tends to show the absence of judicial balance and restraint, which a Judge is required to maintain whilst adjudicating any lis between the parties-The High Court not being satisfied with the use of mere intemperate language, resorted to blatant sarcasms-The use of unduly strong intemperate or extravagant language in a judgement has been repeatedly disapproved by this Court in a number of cases-The order of the High Court is based purely on the persona! perceptions and predilections of the Judges on the bench- The latent anger and hostility ingrained in the expressions employed in the judgement have denuded the judgement of impartiality-In its desire to castigate the government pleaders and the Court staff, the High Court has sacrificed the justice oriented approach", the bedrock of which is fairness and impartiality-The caustic remarks made by the High Court, against the government pleaders and the Court staff clearly exhibit a departure from settled principles- The judgement of the High Court is unsustainable either in law or in equity and, as such, is set aside- Code of Civil Procedure, 1908-Or. 22, r.4 - Strictures - Judicial restraint.