V. LAKSHMINARAYANAN
Jayesh R. Jagtap – Appellant
Versus
Manjula Jadhav – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, against the fair and decretal order dated 25.07.2017 made in C.M.P.No.1150 of 2016 in A.S.SR.No.37925 of 2016 on the file of the learned Principal Judge, City Civil Court, Chennai, against O.S.No.2554 of 2013 on the file of the learned XV Assistant Judge, City Civil Court, Chennai.)
1. Heard the learned counsel for the civil revision petitioner and the learned counsel for the 5th respondent. I have carefully gone through the records.
2. The plaintiff is the civil revision petitioner. He filed a suit for specific performance in O.S.No.2554 of 2013 on the file of the learned XV Assistant Judge, City Civil Court, Chennai. The said suit was dismissed in and by way of the judgment dated 24.04.2015. To condone the delay of 290 days in filing the appeal, the civil revision petitioner took out an application in C.M.P.No.1150 of 2016. The said application was dismissed by an order dated 25.07.2017.
3. The explanation given by the petitioner is that he had gone to Mumbai, which seems to be his native place, for the purpose of attending the calamity in the family and hence, he could not concentrat
The importance of providing a sufficient cause for delay under Order XLI Rule 3(a) of C.P.C.
Submission of valid evidence to justify delay in legal proceedings is essential for condonation of such delays.
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.
The court emphasized the importance of providing sufficient evidence to support claims and the need for reasonable cause when seeking to condone significant delays in legal proceedings.
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