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J. NISHA BANU
L. Kuberan, S/o. Late Loganathan – Appellant
Versus
Kumbhat Financial Services Ltd. , Rep. By its Director Uma Maheswari – Respondent
ORDER :
(Prayer : Civil Revision Petition filed under Section 115 Civil Procedure Code, against the order and decreetal order dated 03.08.2018 made in I.A.No.5424/2017 in O.S.No.528/2014 on the file of the VI Additional City Civil Court, Chennai.)
This Civil Revision Petition has been filed by the petitioner/defendant challenging the order of dismissal passed in I.A.No.5424/2017 in O.S.No.528/2014 dated 03.08.2018 passed by the learned VI Additional Judge, City Civil Court, Chennai, thereby dismissing the petition to set aside the exparte decree.
2. Facts leading to filing of the present Civil Revision Petition are as follows:-
The suit is of the year 2014 and it has been filed by the respondent/plaintiff for recovery of money. The petitioner/defendant has not received summons in the suit and as such he was set exparte. He came to know about the exparte decree only on 18.07.2014. Thereafter, the petitioner/defendant filed an application in I.A.No.15338 of 2015 in O.S.No.528 of 2014, to condone the delay of 417 days in filing the petition to restore the above suit. The learned Judge, considering the averments made in the petition, allowed the same on 06.04.2017 with cost of Rs.1,000/- p
The court has the discretion to set aside an exparte decree in the interest of justice, allowing the petitioner/defendant to defend the suit by imposing conditions such as a deposit to the credit of ....
The defendant's right to defend the litigation and the timely filing of the petition and written statement are valid reasons to set aside an exparte decree.
The importance of a valid and reasoned judgment in compliance with procedural requirements, considering the substantial rights of the parties and the hardship caused to the plaintiff due to the delay....
The main legal point established is the court's discretion to condone delay in filing a petition, considering the circumstances and the impact on subsequent purchasers.
The court upheld the dismissal of a condonation petition due to fabricated claims regarding knowledge of an ex-parte order and inordinate delay.
Conditions for setting aside an ex parte decree must be reasonable, and delays in filing applications must be adequately explained.
The court has the discretion to set aside an ex-parte decree based on the reasons provided by the petitioners and the principles of law, while also considering the inconvenience caused to the respond....
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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