V. R. K. KRUPA SAGAR
Medepalli Lazer – Appellant
Versus
Surapaneni Devenamma – Respondent
ORDER :
The plaintiff before the learned trial Court filed this revision under Section 115 C.P.C. questioning the correctness of order dated 04.11.2019 of learned Principal Junior Civil Judge, Nuzvid in I.A.No.516 of 2018 in O.S.No.188 of 2008. The respondent herein is the defendant in the suit.
2. By the impugned order, the learned trial Court condoned 465 days delay and permitted the respondent herein to file application to set aside the ex-parte decree. It is that order which is under challenge now. The dispute between the parties is concerning Ac.0.35 cents of dry land situated in Veleru Village of Krishna District. This revision petitioner filed O.S.No.188 of 2008 seeking permanent injunction against the defendant therein from interfering with his peaceful possession and enjoyment of the said property. By judgment dated 14.09.2016, the learned trial Court decreed the suit in favour of the plaintiff. It is thereafter the defendant therein thought of moving an application to set aside that decree and judgment stating that it was an ex-parte decree and for doing so she found that there was delay of 465 days and therefore, she sought for condonation of that delay in terms of Section
Popat Bahiru Goverdhane Vs. Land Acquisition Officer
Maniben Devraj Shah Vs. Municipal Corporation of Brihan Mumbai
The court held that sufficient cause must be shown to condone delay under the Limitation Act, and mere negligence of legal counsel does not qualify as such.
A party seeking condonation of delay must show sufficient cause; mere procedural deficiencies in prior judgments do not automatically justify delay.
Setting aside ex-parte decree – Facts and events relating to passing of an ex-parte decree are distinct from facts and events relating to delayed filing of application for setting aside of ex-parte d....
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