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P. VELMURUGAN
George – Appellant
Versus
Selvi – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code against the fair order and decretal order made in E.A.No.4 of 2022 in E.P.No.18 of 2020 in O.S.No.429 of 2010, dated 23.3.2022, on the file of the Principal District Munsif, Kuzhithurai.)
1. This Civil Miscellaneous Appeal is directed againt the fair and decretal order made in E.A.No.4 of 2022 in E.P.No.18 of 2020 in O.S.No.429 of 2010, dated 23.3.2022, on the file of the Principal District Munsif, Kuzhithurai.
2. The appellant is the third defendant in the suit in O.S.No. 429 of 2010, on the file of the Principal District Munsif, Kuzhithurai.The first respondent herein filed the suit in O.S.No.429 of 2010 for declaration. The suit was decreed. Challenging the same, the appellant filed an appeal and he lost in the appeal. Subsequently, the respondent/decree-holder filed execution Petition in E.P.No.18 of 2020, on the file of Principal District Munsif, Kuzhithurai. In the E.P, notice was served to the appellant and subsequently he did not participate in the execution proceedings and hence an exparte order was passed against the appellant. Therefore, the appellant filed E.A.No.4 of 2022 befo
The discretionary power of the court in condoning the delay in filing a petition to set aside an ex parte order, and the need for valid reasons to substantiate apprehensions expressed by the appellan....
The discretionary power of the court in condoning delays in legal proceedings.
Deliberate failure to participate in court proceedings and attempts to delay the execution of a decree can result in dismissal of appeals and enforcement of possession orders.
The court emphasized the importance of expeditious disposal of pending applications to minimize prejudice to the parties involved in execution proceedings.
A petitioner must provide a satisfactory explanation for delay under Section 5 of the Limitation Act to warrant condonation of such delay.
The court affirmed that a delay in challenging a decree cannot be condoned without sufficient cause, especially when the application lacks an adequate explanation for prolonged inaction.
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