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MRIDUL KUMAR KALITA
Debananda Patgiri, S/o. Late Madan Patgiri – Appellant
Versus
Chakrapani Patgiri, S/o. Late Nareswar Patgiri – Respondent
JUDGMENT :
(Mridul Kumar Kalita, J.)
1) Heard Mr. K. D. Chetri, learned counsel for the petitioners and Mr. H. Das, learned counsel for the respondents.
2) This application under Article 227 of the Constitution of India has been filed by the petitioners impugning the order dated 04.08.2023, passed by the learned Civil Judge, Bajali, in Misc. (J) Case No. 06/2023, in connection with of Misc. Appeal No. 02/2023, whereby the delay of 99 days in preferring the Misc. Appeal No. 02/2023 was condoned by the said Court.
3) The facts relevant for consideration of the instant Revision Petition, in brief, are that the respondents, as plaintiff, has filed a Title Suit No. 17/2018 against the present petitioners in the Court of learned Munsiff, Bajali Pathsala for declaration of right, title and interest over the suit land as well as for recovery of Khas possession by evicting the present petitioners from the suit land and for mandatory injunction.
4) The petitioners/defendants had filed an application (Petition No. 43 dated 04.02.2020) under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, in the said suit, seeking temporary injunction in respect of the suit land.
5) In connection wi
The court upheld the condonation of delay in filing an appeal, emphasizing a liberal approach in light of the COVID-19 pandemic and prior court directions.
The court emphasized the need for substantial justice, the wide discretionary powers under Article 227 of the Constitution of India, and the balance of convenience between the parties.
Condonation of delay in filing application for restoration of Civil Suit – Delay to be condoned in interest of justice provided that applicant satisfies court that he had sufficient cause for not pre....
A revision under Article 227 does not lie against the refusal to condone delay in filing an appeal when no jurisdictional error is established; timely filing of appeals is essential.
Order passed under Rule 13 of Order 9 of CPC rejecting application for an order to set aside a decree passed ex parte, appeal would lie under Order XLIII Rule 1 (d) of CPC.
The main legal point established in the judgment is the application of the principles of condonation of delay, emphasizing a liberal, pragmatic, justice-oriented approach and the elastic nature of th....
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