Limitation Act, 1963–Sec. 5–Delay of 479 days–Condoned by High Court–Appeal against the order passed by the Reference Court–Observation of High Court that some lapse on the part of the litigant, by itself, would not be sufficient to deny condonation of delay as the same could cause the miscarriage of justice–When substantial justice and technical considerations are pitted against one another, the former would prevail–The first respondent had sufficiently explained the delay on account of negligence on part of the government functionaries and the government counsel on record before the Reference Court–The Officer responsible for the negligence would be liable to suffer and not public interest through the State–The High Court felt inclined to take a pragmatic view since the negligence therein did not border on callousness–Impugned order cannot be held to be passed in arbitrary manner–Interference declined.
