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DHARMESH SHARMA
Deepak Aggarwal – Appellant
Versus
Gyan Chand Since Deceased Through Lrs – Respondent
JUDGMENT
CM APPL. 29868/2022
1. This is an application under Section 151 of the Code of Civil Procedure, 1908 [CPC] moved on behalf of the petitioners seeking exemption of filing certified copies of Annexures.
2. Heard.
3. The same is allowed.
CM APPL. 29866/2022
4. This application is filed under Section 5 and 14 of The Limitation Act, 1963 for condonation of delay of 1036 days in filing the revision petition. No reply to the same has been filed by the respondent.
5. The petitioners, who were the plaintiffs in a suit No. 613912/2016, are assailing impugned order dated 11.08.2017 as also subsequent order arising from their review application dated 08.06.2022, whereby the learned Trial Court dismissed the review application and has reiterated the original order dated 11.08.2017, whereby the suit was held to have been abated in terms of Order XXII Rule 9 of the CPC. The application for condonation of delay becomes inconsequential since the present revision petition raises a pure question of law.
C.R.P. 90/2022
6. Shorn of unnecessary details, the parties are cousin brothers from same ancestral lineage and the petitioners/plaintiffs are claiming rights, title and interest in the property in qu
The importance of diligently pursuing the remedy by way of review and the implications of dismissal of the review application.
The court upheld the trial court's discretion to condone a significant delay due to the petitioners' layman status, affirming that procedural matters can be addressed during final hearings.
Diligence and urgency are crucial in pursuing legal remedies, and the absence of satisfactory explanation and good faith may lead to the dismissal of an application for condonation of delay.
Genuine reasons for condonation of delay are crucial, and lack of documentary evidence for health and financial issues may lead to dismissal of the petition.
Under Section 5 of the Limitation Act, delay in filing applications may be condoned when substantial rights warrant a fair opportunity for a party to defend on merits, outweighing strict requirements....
The word 'sufficient cause' in Section 5 of the Limitation Act should be construed liberally to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bonafide....
A party seeking condonation of delay must show sufficient cause; mere procedural deficiencies in prior judgments do not automatically justify delay.
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