Back
SANGEETA K. VISHEN
Kantilal Narshibhai Rathod – Appellant
Versus
Natvarlal Mavjibhai – Respondent
JUDGMENT :
The captioned Civil Revision Application, is against the judgment and order dated 19.02.2013 passed by the learned 8th Additional District Judge, Rajkot in Civil Misc. Application no.84 of 2011 whereby, the learned Judge, has condoned the delay of 3382 days occurred in filing the appeal, challenging the judgment dated 17.05.2001 passed in Civil Misc. Application no.44 of 1999, rejecting the request for restitution of the possession.
2. The facts in brief are as follows:-
2.1 Sukhlalbhai Lajibhai Vadgama, was owner of a building situated near Pattani Hospital. Regular Civil Suit no.204 of 1980 was filed against one Chetankumar Mehta and respondent – Natvarlal Mavjibhai seeking recovery of the suit property on the ground that the respondent is trespasser and has no right, title or interest over it. The suit, was partly decreed; however, the possession was not granted.
2.2 Shri Sukhlalbhai Vadgama, sold the property to Rameshbhai N. Rathod and Kantibhai Narshibhai Rathod, i.e. petitioner no.1 vide registered sale deed dated 04.10.1990. Suit being Small Suit no.128 of 1993 was filed before the Small Causes Court against Chetankumar Mehta and the respondent for recovery and posse
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, 1963, to advance substantial justice.
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....
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
