NINALA JAYASURYA
C. Yashoda – Appellant
Versus
U. Sudheera – Respondent
JUDGMENT
Ninala Jayasurya, J. - The present Revision Petition is preferred against an Order passed in I.A. No. 210 of 2019 in A.S. No. 17 of 2016 dated 01.12.2021 on the file of the Court of the Judge, Family Court-cum-V Additional District Judge, Tirupati.
2. Heard Mr. N. Ranga Reddy, learned counsel for the petitioner and Mr. Srinivas Basava, learned counsel appearing for respondent Nos. 1 to 3.
3. The petitioner herein is respondent No. 1 in the above referred I.A. The respondents herein filed the said I.A., under Section 5 of the Limitation Act (for short 'the Act') and Section 151 of Code of Civil Procedure (for short 'C.P.C.'), seeking to condone the delay of 430 days in presenting the application for setting aside abatement of the appeal against the 5th appellant which occurred due to non-impleadment of the legal heirs of deceased-5th appellant. The petitioner/1st respondent filed her counter opposing the said application. The learned Appellate Court after considering the matter condoned the delay and allowed the petition on payment of costs of Rs. 1,000/- to the petitioner herein. Aggrieved by the said Orders, the present Revision Petition came to be field.
4. Learned counsel f
Kshitij Infraventures Pvt. Ltd.
Mithailal Dalsanagar Singh v. Annabai Devaram Kini AIR 2003 SC 4244
The word 'sufficient cause' in Section 5 of the Limitation Act should be construed liberally to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bonafide....
The main legal point established in the judgment is the need for convincing and acceptable reasons for condonation of delay, emphasizing that the length of delay is not material, but the reasons stat....
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act, 1963, to advance substantial justice.
The main legal point established in the judgment is that the principles of condonation of delay should be applied with caution, and delay should not be condoned in cases of concocted reasons, neglige....
The main legal point established in the judgment is the application of the principles of condonation of delay, emphasizing a liberal, pragmatic, justice-oriented approach and the elastic nature of th....
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