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2025 Supreme(SC) 66

J. B. PARDIWALA, R. MAHADEVAN
H. Guruswamy – Appellant
Versus
A. Krishnaiah Since Deceased By Lrs. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Anand Sanjay M Nuli, Sr. Adv. Mr. Suraj Kaushik, Adv. Mr. Shivraj Singh, Adv. Mr. Abhishekh Singh, Adv. For M/s. Nuli & Nuli, AOR
For the Respondent(s): Mr. Rajesh Mahale, Sr. Adv. Mr. Parikshith Maliye, Adv. Ms. Anuradha Bhat, Adv. Mr. Harisha S.R., AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The rules of limitation are designed not to destroy the rights of parties but to prevent dilatory tactics and ensure remedies are sought promptly. They are rooted in principles of public policy and equity (!) (!) .

  2. The length of delay in filing applications or suits is a significant factor that courts must consider when deciding whether to condone such delay. An inordinate delay, especially without sufficient cause, can lead to the loss of rights to have the matter considered on merits (!) (!) .

  3. When assessing pleas for condonation of delay, courts must first determine the bona fides of the explanation provided by the party seeking relief. Only if the explanation is genuine and the opposition is balanced may the court consider the merits of the case to justify condoning the delay (!) (!) .

  4. The concept of a "liberal approach" or "substantial justice" should not override the fundamental principles of limitation law. Such approaches should not be employed to frustrate or bypass the statutory period prescribed for filing legal remedies (!) (!) .

  5. In the specific case, the court found that the High Court erred in condoning a delay of approximately 2200 days without properly considering the reasons for delay or the principles of limitation law. The delay was deemed inordinate, and the reasons provided were insufficient, leading to the conclusion that the application for recall was barred by limitation (!) (!) (!) .

  6. The original suit, initiated decades ago, had already been dismissed for default, and subsequent attempts to revive or recall the case were found to be barred by the principles of res judicata and limitation. The court emphasized that the rights of the parties had already been adjudicated, and the delay in seeking relief was not justified (!) (!) .

  7. The court highlighted that the proper judicial approach involves a careful, unbiased assessment of the bona fides of the explanation for delay before considering the merits, and that undue leniency can undermine the integrity of the legal process (!) (!) .

  8. Ultimately, the court set aside the order of the High Court that had condoned the delay and restored the order of the Trial Court, reaffirming the importance of adhering to limitation principles to uphold justice and legal certainty (!) (!) .

These points collectively underscore the importance of timely filing, the need for genuine reasons when seeking condonation, and the judiciary's obligation to uphold the law of limitation to ensure justice is not compromised by undue delays.


ORDER :

1. This appeal arises from the judgment and order passed by the High Court of Karnataka at Bengaluru dated 30.01.2020 in Misc. First Appeal No. 7220 of 2014 filed under Order 43 Rule 1(d) of the Civil Procedure Code, 1908 (for short, “the CPC”) by which the order dated 05.08.2014 passed in Misc. Case No. 223 of 2006 on the file of the XIV Additional City Civil Judge, Bengaluru rejecting the application filed under Order 9 Rule 13 CPC came to be set aside and thereby the appeal was allowed.

2. The facts giving rise to this appeal may be summarised as under:

a. The suit schedule property bearing Sy. No. 1/11 situated at Byrasandra, Bangalore, Karnataka measuring 45 yards East to West and 55 yards North to South was purchased by one Venkatappa in the year 1916. Thereafter, the said Venkatappa sold a portion of the suit property and retained the balance portion measuring 45 yards East to West and 27.5 yards North to South. Vide a registered family partition, the suit schedule property came to be divided between Venkatappa and Muniga @ Chikonu (Brother of Venkatappa) wherein Venkatappa had received 29 Ankanas along with 1/3rd share and Chikonu had received 10 Ankanas of house alon

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