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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE K. BABU, J
C.G. Varghese S/o. Mathai, Cheruvallail Puthenveedu – Appellant
Versus
Alias Thomas S/o. Jacob Thomas – Respondent
JUDGMENT :
These Original Petitions are disposed of by way of a common judgment as the questions involved are the same. The original petitions arise from O.S.No.190 of 2006 on the file of the Subordinate Judge’s Court, Mavelikkara. The petitioner is the plaintiff in the suit, and the respondent is the defendant.
2. The Original Suit was filed for specific performance of a contract. The defendant, along with the written statement, had filed a counter claim. The suit was listed for trial on 6.11.2011. On the day scheduled for trial the plaintiff did not appear. Therefore, the Court dismissed the suit for default and adjourned the case to 30.11.2011 to consider the counterclaim. On that day, the defendant did not appear.The Court decreed the counterclaim.
3. The plaintiff filed I.A.No.1108 of 2014 under Order 9 Rule 9 of the Code of Civil Procedure (CPC), for setting aside the dismissal of the suit along with I.A.No.1109 of 2014 for condonation of the delay of 1221 days in filing the application. He also filed I.A.No.1103/2014 under Order 9 Rule 13 to set aside the ex parte decree in the counter claim along with I.A.No.1104 of 2014 to condone the delay of 974 days in filing the petition.
The court emphasized that a party seeking condonation of delay must prove sufficient cause, and negligence or inaction will bar relief under the Limitation Act.
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.
The court held that for condoning delay under Section 5 of the Limitation Act, the party must demonstrate sufficient cause, with mere negligence or vague explanations failing to meet this burden.
Unexplained delay cannot be condoned under Sec. 5 of the Limitation Act, 1963.
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