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G. ILANGOVAN
Palanichamy (Died) – Appellant
Versus
R. Jason Srinivasan – Respondent
JUDGMENT :
(Prayer: Civil Revision Petition has been filed under section 115 of the Civil Procedure Code, to set aside the order, dated 31/10/2023 made in IA No.1 of 2023 made in OS No.76 of 2020 on the file of the District Munsif-cum-Judicial Magistrate Court, Singampunari, Sivagangai.)
1. This civil revision petition has been filed seeking to set aside the order, dated 31/10/2023 made in IA No.1 of 2023 made in OS No.76 of 2020 on the file of the District Munsif-cum-Judicial Magistrate Court, Singampunari, Sivagangai.
2. The facts in brief:-
Suit in OS No.76 of 2020 was filed by the respondent herein namely R. Jason Srinivasan through his Power Agent namely R. Saroja seeking the relief of permanent injunction and for costs. The defendants appeared. Pending further process, IA No.1 of 2023 is taken out by the petitioners to set aside the ex-parte decree along with the application to condone the delay of 88 days in filing to set aside the petition on the following grounds:-
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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....
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....
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.
A petitioner must provide a satisfactory explanation for delay under Section 5 of the Limitation Act to warrant condonation of such delay.
The main legal point established in the judgment is that when substantial evidence is available on record, and the Court exercises its powers under Order 17 Rule 2 and Order 17 Rule 3 of CPC, the rem....
Under Section 5 of the Limitation Act, delay in filing applications may be condoned when substantial rights warrant a fair opportunity for a party to defend on merits, outweighing strict requirements....
The court upheld the dismissal of a condonation petition due to fabricated claims regarding knowledge of an ex-parte order and inordinate delay.
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