S. M. SUBRAMANIAM
D. Selvarajan – Appellant
Versus
A. N. Thenraj – Respondent
ORDER :
The Civil Miscellaneous Petition is filed to condone the delay of 759 days in representing the Civil Revision Petition in C.R.P.Sr.No.29032 of 2014.
2. The Civil Revision Petition was filed against the Fair and Decreetal order dated 21.01.2014 passed in R.CO.P.No.21 of 2008, which was filed for evicting the petitioner / tenant. The R.C.O.P was allowed and the eviction was ordered by the Rent Controller.
3. The revision petitioner filed a petition under Section XLVII Rule 1 of the Civil Procedure Code, praying to review the decree and judgment passed against the revision petitioner to vacate and handover the vacant possession of the Suit Scheduled Property. The said petition was filed in M.P.No.86 of 2011 in R.C.O.P.No.21 of 2008 and the said Miscellaneous Petition was dismissed by the Rent Controller on 21.01.2014, against which the Civil Revision Petition was filed on 31.03.2016, after a lapse of two (2) years and thereafter, the revision petitioner has not pursued the Civil Revision Petition case papers by applying the defects noted by the Registry, High Court.
4. There is a delay of 759 days and the revision petitioner has not stated any acceptable reason for condoning such
A litigant cannot obtain condonation of delay by shifting the entire blame onto their advocate or providing inconsistent and false explanations. The discretionary power to condone delay requires the ....
The delay in representation can be excused if the party makes a case for condoning the delay, and the Court has to ensure that justice does not suffer in such cases.
Sufficient cause is sine qua non for condonation of delay; mercy or equity cannot substitute statutory requirement.
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