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SUBBA REDDY SATTI
Marri Lakshmi Narayana Reddy, S/o. Ramanuja Reddy – Appellant
Versus
Annapareddy Lakshmi Narasamma, W/o. Vasudeva Reddy – Respondent
ORDER :
Defendant in the suit filed the above civil revision petition under Article 227 of the Constitution of India against order, dated 30.01.2020 passed in I.A.No.894 of 2019 in O.S.No.213 of 2016 on the file of learned Senior Civil Judge, Sattenapalli.
2. Plaintiffs filed O.S.No.213 of 2016 against the defendant seeking partition of the suit schedule properties.
3. The defendant on receipt of summons got filed vakalat. However, he did not file written statement. Since written statement was not filed within time, defendant was set ex parte on 18.10.2016 and eventually ex parte decree was passed on 02.11.2016. On coming to know the same, petitioner filed I.A.No.894 of 2019 on 09.02.2017 under Section 5 of the Limitation Act to condone the delay of 69 days in filing the application to set aside the ex parte decree, dated 02.11.2016.
4. Along with I.A.No.894 of 2019, petitioner also filed I.A.No.927 of 2019 under Order IX Rule 13 of CPC to set aside the ex parte decree, dated 02.11.2016.
5. In the affidavit filed in support of I.A.No.894 of 2019, it was contended inter alia that the suit stands posted to 18.10.2016 for filing of written statement of the petitioner; that the petitioner c
The court emphasized a liberal approach toward condoning delays, prioritizing substantial justice over technicalities.
The sufficiency of the cause for delay is the primary criterion for condoning delay under the Limitation Act, not merely the length of the delay.
The right to contest a case on merits, as per Article 21 of the Constitution, should be granted, and the inconvenience caused to the parties must be compensated by costs.
The court emphasized that the sufficiency of the cause for delay, rather than its length, is the key criterion for condonation under Section 5 of the Limitation Act.
The main legal point established in the judgment is the requirement to show sufficient cause for condonation of delay under Section 5 of the Limitation Act.
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