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S. SOUNTHAR
T. Azhagappan – Appellant
Versus
Annam @ Annammal (died) Deivanai – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition filed under Section 115 of CPC, praying to set aside the order and decree dated 15.07.2019 in I.A.No.496 of 2018 in O.S.No.69 of 2007 on the file of the Principal Subordinate Judge, Pondicherry.)
1. The Civil Revision petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioner seeking to condone the delay of 87 days in filing petition to set aside the ex-parte decree passed against him.
2. The respondents 1 to 5 filed a suit for partition against the petitioner and other respondents. The said suit was decreed ex-parte against the petitioner and other respondents on 02.04.2018. The petitioner and others filed an application to set aside the ex-parte decree along with an application to condone the delay of 87 days in filing such application. The said condone delay application was dismissed by the Court below. Aggrieved by the same, the petitioner is before this Court.
3. In the affidavit filed in support of the condone delay application, it was stated by the petitioner that at the relevant point, he was suffering from jaundice and hence he could not appear before the Court. The trial Cou
Courts may take a liberal view to condone delay in filing applications, considering the reasons for delay and the nature of the case.
The right to contest a case on merits, as per Article 21 of the Constitution, should be granted, and the inconvenience caused to the parties must be compensated by costs.
The court emphasized the importance of making efforts for an amicable settlement in family partition suits and applied a liberal approach while dealing with the application for condonation of delay u....
The court emphasized a liberal approach toward condoning delays, prioritizing substantial justice over technicalities.
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....
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