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G. ILANGOVAN
M. Jeyagopal – Appellant
Versus
S. Raguraman – Respondent
JUDGMENT :
(Prayer : Civil Revision Petition has been filed under section 115 of the Civil Procedure Code, to set aside the fair and decreetal order in IA No.02 of 2021 in OS No.67 of 2019, dated 19/10/2023 on the file of the 1st Additional District Judge, Tuticorin, Tuticorin District.)
1. This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order, dated 19/10/2023 passed in in IA No.02 of 2021 in OS No.67 of 2019, dated 19/10/2023 by the 1st Additional District Judge, Tuticorin, Tuticorin District.
2. The facts in brief:-
Suit in OS No.67 of 2019 was filed by the respondent herein seeking the relief of specific performance and alternative prayer for returning the principal amount with subsequent interest and for costs.
3. The petitioner herein received the summon, but failed to appear before the trial court, on 04/09/2019. So ex-parte decree was passed. To set aside the ex-parte decree, a delay occurred about 576 days. To condone the delay, he filed a petition under section 5 of the Limitation Act. That came to be dismissed by the trial court by the impugned order.
4. Against which, this civil revision petition is preferred.
5. Heard both sides.
6. As
Illness as a valid reason for non-appearance, subsequent developments in the case, and the need to provide an opportunity for the petitioner to contest the matter are valid grounds for delay condonat....
A petitioner must provide a satisfactory explanation for delay under Section 5 of the Limitation Act to warrant condonation of such delay.
Delay in condoning application to set aside ex parte decree cannot be excused without sufficient explanation and diligence.
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....
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
Delay in filing application to set aside ex-parte decree should be condoned when sufficient cause is established, especially in pending immovable property litigation.
Failure to demonstrate sufficient cause for delay in setting aside an ex parte decree results in dismissal of the application, emphasizing diligence and valid service of summons.
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