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B. S. BHANUMATHI
Chinthapanti Somasekhar Reddy – Appellant
Versus
Yangareddy Madhusudhan Reddy – Respondent
ORDER :
B.S. Bhanumathi, J.
1. The unsuccessful petitioner/defendant filed this revision assailing the order, dated 19.12.2022, dismissing the petition in I.A.No.460 of 2021 in O.S.No.11 of 2020 on the file of the Court of the Judge, Family Court-cum-VII Additional District & Sessions Court, Anantapuramu, filed under Section 5 of the Limitation Act, 1963, requesting to condone the delay of 40 days in filing petition to set aside the ex parte decree, dated 09.04.2021, passed in the above said suit.
2. Heard Sri Butta Vijaya Bhasker, learned counsel appearing for the revision petitioner/defendant and Sri J. Narayana Swamy, learned counsel for the respondent/plaintiff. The parties shall hereinafter be referred to as the plaintiff and defendant for convenience and clarity.
3. The case of the revision petitioner/defendant in support of the request for condonation of delay in filing the application seeking to set aside the ex parte decree passed in the suit, in brief, is as follows:
The sole plaintiff filed the suit to pass a preliminary decree for the suit amount of Rs.1,20,00,000/- with costs and subsequent interest thereon. Immediately after receipt of summons from the Court, he contacted
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 sufficiency of the cause for delay is the primary criterion for condoning delay under the Limitation Act, not merely the length of the delay.
Point of law: applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex-parte under sub-rule (3) of that rule or under sub-rule (1)....
Unexplained delay cannot be condoned under Sec. 5 of the Limitation Act, 1963.
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 to advance substantial justice and remove injustice....
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
A litigant must show sufficient cause for delay in filing petitions; failure to do so justifies dismissal under Section 5 of the Limitation Act.
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