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AMIT BORKAR
Sonia Sandesh Tarkar – Appellant
Versus
Sola Chandrasekhar – Respondent
JUDGMENT
1. The applicant has challenged the order passed by the Trial Court rejecting application for condonation of delay in setting aside ex parte decree.
2. The respondents/original plaintiffs filed suit for specific performance of agreement to sell dated 28 August 2002. The applicant was duly served with suit summons. She engaged an Advocate; however, failed to file written statement. Therefore, by order dated 22 February 2011, the suit proceeded without written statement of defendant. The Trial Court by judgment and order dated 1 March 2012 passed ex parte decree for specific performance.
3. Yesterday learned Advocate for the applicant made submissions on merits. Present petition was adjourned only to enable parties to place on record copy of reply to application for condonation of delay.
4. Today she submitted that Advocate Halwasia will be appearing on her behalf, she requested to permit the Advocate to make submissions on behalf of the applicant. It is consistent practice followed by this Court that whenever matter is part heard, or substantially heard the Advocate who argued the matter earlier needs to continue with his submission. Yesterday, the applicant was granted full op
The court established that the reasons for condonation of delay must be compelling and consistent, and prior participation in related legal proceedings can undermine claims of incapacity or ignorance....
Setting aside ex-parte decree – Facts and events relating to passing of an ex-parte decree are distinct from facts and events relating to delayed filing of application for setting aside of ex-parte d....
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.
The court held that mere reliance on counsel does not excuse delay in litigation; sufficient cause must be demonstrated for each day of delay to condone it.
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 emphasized a liberal approach toward condoning delays, prioritizing substantial justice over technicalities.
Deliberate delay to scuttle a legal process should be heavily penalized, and legal representatives cannot seek to set aside a decree accepted by the original defendants.
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