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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
Sree Agro Farms, Rep. By Its Proprietor, Dr. Sateesh Tammera @ Thimmara Venkata Rama Satish, S/O. Rama Rao – Appellant
Versus
M. Padma Kumari, S/o. M. Krishna Reddy – Respondent
| Table of Content |
|---|
| 1. delay in setting aside ex parte decree. (Para 1 , 3) |
| 2. bona fides and diligence of parties in litigation. (Para 4 , 7 , 8) |
| 3. knowledge of proceedings and necessity for notice. (Para 13 , 14) |
| 4. negligence and lack of bona fides impact on delay. (Para 15 , 19) |
| 5. guiding principles on condonation of delay. (Para 16 , 18) |
| 6. final judgment and dismissal of appeals. (Para 20) |
COMMON JUDGMENT:
Sole defendant in Suit preferred present Civil Revision Petition and Civil Miscellaneous Appeal aggrieved by two separate orders of even dated 23.01.2024, passed in I.A.No.38 of 2019 and I.A.No.165 of 2020 in O.S.No.41 of 2014 on the file of the Court of VII Additional District Judge, Gudur, respectively, rejecting the prayer for condoning delay of 1165 days in filing the petition for setting aside ex parte decree, and consequently, the application filed under Order IX Rule 13 CPC for setting aside ex parte decree, came to be dismissed as infructuous.
2. For the sake of convenience, parties herein are referred to as they were arrayed in the Suit before the trial Court.
3. Brief facts of the case are as follows:
O.S.No.195 of 2013 on the file of the Court of Principal District Judge, Ne
The court affirmed that mere lack of knowledge due to negligence does not justify condoning an extensive delay in responding to an ex parte decree.
The court reaffirmed that substituted service under the Code of Civil Procedure does not constitute adequate service, necessitating substantiation of claims in applications for condonation of delay.
The court held that sufficient cause must be shown to condone delay under the Limitation Act, and mere negligence of legal counsel does not qualify as such.
Courts can consider merits alongside delay in restoration petitions under CPC to promote justice over technicalities.
Judicial discretion in condoning delay must favor substantial justice over rigid adherence to timelines, though sufficient cause for delay must be demonstrated.
Negligence in pursuing legal rights disqualifies parties from condoning lengthy delays in appeals, proving insufficient cause under procedural law.
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