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K. MANMADHA RAO
Achutha Audi Narayana, S/o. Koti Lingaiah – Appellant
Versus
Vonukuri Venkata Subbaiah (died) and – Respondent
ORDER :
1. As the issue involved in both the civil revision petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.
2. Heard Mr. Sitaram Chaparla, learned counsel appearing for the petitioner and Sri E.V.V.S. Ravi Kumar, learned counsel appearing for the respondents.
3. The petitioner herein is the plaintiff, filed suit in O.S. No.22 of 2008 for grant of specific performance of sale agreement dated 23.10.2006. The same was decreed ex parte dated 23.09.2010. The present impugned I.A.No.495 of 2012 in O.S.No.22 of 2008 and I.A.No.880 of 23012 in O.S.No.22 of 2008 were filed by the petitioner/1st defendant for setting aside the Ex pare decree passed against the petitioner/1st defendant before the III Additional District Judge (FTC), Ongole (FAC: Judge, Family Court, Ongole) (for short “the Court below”). On considering the submissions and on considering the facts and circumstances of the case, both the applications were allowed. Aggrieved by the same, the present civil revision petition came to be filed.
4. On perusing the proceeding sheet, this Court vide order dated 08.07.2021, granted interim stay of all further proceed
Delay in condoning application to set aside ex parte decree cannot be excused without sufficient explanation and diligence.
The importance of a valid and reasoned judgment in compliance with procedural requirements, considering the substantial rights of the parties and the hardship caused to the plaintiff due to the delay....
The court has the power to set aside an ex parte order under Sec. 5 of the Limitation Act, but lack of a valid reason for delay and failure to take immediate action may not constitute sufficient caus....
Failure to demonstrate sufficient cause for delay in setting aside an ex parte decree results in dismissal of the application, emphasizing diligence and valid service of summons.
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
The court upheld the dismissal of a petition to set aside an ex parte order, emphasizing the importance of timely actions in legal proceedings.
A petitioner must provide a satisfactory explanation for delay under Section 5 of the Limitation Act to warrant condonation of such delay.
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