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J. NISHA BANU
Kannagi – Appellant
Versus
Gubendiran – Respondent
JUDGMENT
(Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 27.06.2014 made in I.A.No.503 of 2013 in O.S.No.89 of 2011 on the file of the Additional Sub Court, Tiruvannamalai.)
1. Against the dismissal of the petition to condone the delay of 123 days in filing the petition to set aside the ex parte decree, this Civil Revision Petition has been filed by the third defendant.
2. The facts of the case are that the respondent/plaintiff filed the suit for partition against the revision petitioner / 3rd defendant and others. The suit was posted on 11.02.2013 for filing written statement by the revision petitioner. On the said date, the revision petitioner neither appeared nor filed written statement and therefore, she was set ex parte on the same day. Thereafter, the petitioner filed an application to set aside the ex parte decree along with a delay of 123 days. The trial Court declined to condone the delay, against which, the third defendant has filed the present Civil Revision Petition.
3. The learned counsel appearing on behalf of the petitioner would submit that the petitioner was suffering from jaundi
The right to contest a case on merits, as per Article 21 of the Constitution, should be granted, and the inconvenience caused to the parties must be compensated by costs.
The court emphasized a liberal approach toward condoning delays, prioritizing substantial justice over technicalities.
Courts may take a liberal view to condone delay in filing applications, considering the reasons for delay and the nature of the case.
The court emphasized the importance of making efforts for an amicable settlement in family partition suits and applied a liberal approach while dealing with the application for condonation of delay u....
The court emphasized that delay in filing to set aside an ex parte decree must be justified with valid reasons, and a liberal approach does not permit fanciful explanations.
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 court has the power to set aside an ex parte order under Sec. 5 of the Limitation Act, but lack of a valid reason for delay and failure to take immediate action may not constitute sufficient caus....
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