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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Hiraman Nivrutti Tupe – Appellant
Versus
Sou. Vijaymala Vinayak Bazare – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by parties. (Para 5 , 6) |
| 3. court's observations on evidence and cross-examination. (Para 7 , 8 , 10 , 15 , 19) |
| 4. legal standards and principles for condonation of delay. (Para 12 , 17 , 20 , 22) |
| 5. final conclusion and order set by the court. (Para 25 , 26) |
SANDEEP V. MARNE, J.
1) The Applicants have invoked revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 for taking exception to order dated 19 April 2016 passed by the learned 6th Jt. Civil Judge, Junior Division allowing Misc. Application No.105 of 2009 filed by Respondent No.1 seeking condonation of delay of over 200 days in filing the application for setting aside the ex-parte decree.
2) For better understanding of the controversy at hand, it may be necessary to briefly narrate the factual background. The Applicant No.1-Hiraman Nivrutti Tupe (Hiraman) had instituted S.C. Suit No.367 of 1996 seeking partition of the suit property against his father-Nivrutti Somaji Tupe, mother-Laxmibai Nivrutti Tupe and two brothers-Ratan Nivrutti Tupe and Kantilal Nivrutti Tupe. It appears that during pe
A delay in filing to set aside an ex-parte decree cannot be condoned if the applicant's explanations are found to be false or lacking in bona fides.
The main legal point established in the judgment is the need for convincing and acceptable reasons for condonation of delay, emphasizing that the length of delay is not material, but the reasons stat....
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 established that a liberal interpretation of 'sufficient cause' is essential to uphold the principles of substantial justice in delay condonation applications.
The court established that a liberal interpretation of 'sufficient cause' is essential in delay condonation applications to ensure justice is served.
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