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K. KUMARESH BABU
Gulbarga Electricity Supply Company Limited, Gulbarga – Appellant
Versus
Kanchan Devi Kanchan Enterprises, Chennai – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code to set aside the judgment and order dated 26.02.2016 E.A.No.5576 of 2015 in E.P.No.583 of 2015 in O.S.No.9416 of 2006 on the file of the learned IX Assistant City Civil Judge, Chennai.)
This Civil Revision petition has been filed challenging the order passed by the executing Court, whereunder the petitioner was directed to deposit the claim amount on or before 28.03.2016. The said application has been filed to condone the delay of 35 days in setting aside the ex-parte order dated 03.06.2015 in E.P.No.583 of 2015.
2. The facts leading to the present revision is as follows:- 2.1 The 1st defendant herein had filed a suit against the 2nd respondent and three others for a recovery of a sum of Rs.32,000/- (Rupees Thirty Two Thousand only) together with interest at the rate of 1.30% per month which was quantified on Rs.23,750/- (Rupees Twenty Three Thousand Seven Hundred and Fifty Only) in which the judgment and decree was passed in O.S.No.9416 of 2006 on 30.03.2007. Pursuant to the said decree, the 1st respondent/ decree holder filed an execution petition in E.P.No.583 of 2015, wherein,
Diligence and satisfying reasons are crucial in seeking delay condonation in execution proceedings.
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....
Court emphasized the liberal interpretation of 'sufficient cause' for delays and the importance of justice in setting aside ex-parte decrees.
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