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K. MANMADHA RAO
Patnam Ramanaiah (died) – Appellant
Versus
Patnam Subba Rao – Respondent
ORDER :
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. T.C. Krishnan, learned counsel appearing for the petitioners and Mr. V. Roopesh Kumar Reddy, learned counsel appearing for the respondents.
3. The brief facts of the case are that the petitioner brought up the respondent and 2nd defendant and got them educated and employed in Government service. But the respondent filed the suit in O.S.No.115 of 2005 for partition with false allegations. The 4th defendant is his second wife. Himself and 2nd defendant and 4th defendant engaged an advocate and got filed vakalat. The petitioner sustained fracture in the year 2005 and getting treatment by that time. His wife who is the 4th defendant in the suit was also attacked with heart ailment and brain hemorrhage and getting treatment. Since the respondent and 2nd defendant including the daughters of the petitioner did not choose to look after them or get any treatment for them, the 2nd petitioner is attending to serve them during treatment. The wife of the petitioner died and he came to know that preliminary decre
The court emphasized a liberal approach toward condoning delays, prioritizing substantial justice over technicalities.
The court emphasized the importance of making efforts for an amicable settlement in family partition suits and applied a liberal approach while dealing with the application for condonation of delay u....
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 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.
The court ruled that delays in filing petitions can be condoned if sufficient cause is shown, emphasizing the importance of adjudicating cases on their merits.
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