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S. SOUNTHAR
Jayaraman – Appellant
Versus
Thenmozhi – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition filed under Section 115 of CPC, praying to set aside the order of the learned Additional District Judge, Krishnagiri, dated 16.12.2020 in I.A.No.2 of 2020 in M.C.O.P.No.821 of 2013 and allow the above Civil Revision Petition.)
The Civil Revision Petition is filed challenging the order passed by the Motor Vehicles Claims Tribunal, dismissing the application filed by the petitioner to condone the delay of 61 days in filing the application to set aside the ex-parte award passed against the petitioner.
2. The respondents herein filed a Motor Vehicles Claim petition seeking compensation for the death of one Dhandapani, who is the husband of the first respondent, father of the respondents 2 to 4 and son of the respondents 5 and 6. The petitioner herein is the owner cum driver of the offending vehicle. In the claim petition, the Tribunal passed an ex-parte award against the petitioner on 14.07.2014 due to non appearance of the petitioner. Therefore, the petitioner filed an application to set aside the ex-parte award on 14.10.2015 with a petition to condone the delay of 61 days in filing the application seeking to set aside the ex-parte award. The T
Courts may take a liberal view to condone delay in filing applications, considering the reasons for delay and the nature of the case.
The petitioner failed to demonstrate sufficient grounds for condoning the delay in filing an application to set aside an ex-parte award, leading to dismissal of the petition.
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....
Diligence and satisfying reasons are crucial in seeking delay condonation in execution proceedings.
Lack of substantiated reasons for delay in filing a petition to set aside an ex-parte decree may indicate lack of diligence and intention to drag on proceedings.
Court upheld rejection of delay in filing as insufficient grounds were provided.
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