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PUSHPENDRA SINGH BHATI
Ghyaneswar Bhati – Appellant
Versus
Suresh Dhariwal – Respondent
JUDGMENT
1. This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:
(b) By an appropriate writ order or direction, the application filed by the petitioner may kindly be allowed as prayed for in the interest of justice;
(c) Any other writ, direction or order which is deemed to be just and proper in the circumstances of this case may kindly be passed in favour of the petitioner.
(d) Costs of the writ petition may kindly be awarded in favour of petitioner.'
2. As per the pleaded facts, the respondent-plaintiff filed a suit, before the learned District Judge, Jodhpur Metropolitan, under Order 37 Rule 2 of the Code of Civil Procedure (CPC) for recovery of a sum of Rs.30,69,918/-. The learned Trial Court issued summons on 17.08.2022 to the petitioner-defendant for his appearance before the Court.
2.1 However, the petitioner-defendant could not appear before the learned trial court in time, as the summons were received (taamil) by his daughter on 01.09.2022. Thereafter, the petitioner defe
Condonation of delay is a matter of discretion, and the words 'sufficient cause' in the Limitation Act should receive a liberal construction to advance substantial justice.
The discretion to condone delay under the Limitation Act is based on the explanation provided, not strictly on the length of the delay, emphasizing substantial justice over procedural technicalities.
The court upheld the Trial Court's finding of no delay in the defendant's appearance, considering the pandemic's impact on service timelines.
The central legal point established in the judgment is that disputes should be resolved on merits rather than technicalities, and in deserving cases, delay in filing pleadings can be condoned subject....
The court emphasized that procedural errors should not override substantive justice, prioritizing the substance of applications over technicalities.
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.
The main legal point established in the judgment is that the pursuit of legal remedies must be bona fide, and dilatory tactics may lead to the denial of delay condonation.
The court upheld the dismissal of the petitioner's application to set aside an ex parte decree, finding no sufficient cause for his absence during proceedings.
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