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N. SATHISH KUMAR
Major Harbhajan Singh Sandhu (Died) – Appellant
Versus
Gowtham Sampath – Respondent
ORDER :
N.Sathish Kumar, J.
Prayer: Civil Revision Petition filed under Section 115 of CPC to set aside the order and Decretal order dated 08.12.2023 in I.A.No.1 of 2022 in O.S.No.588 of 2007 passed by the learned Principal District Judge, Kancheepuram District at Chengalpattu and consequently, order I.A.No.1 of 2022 in O.S.No.588 of 2007
A challenge has been made to the impugned order dated 08.12.2023 passed in I.A.No.1 of 2022 in O.S.No.588 of 2007 by the Principal District Judge, Kancheepuram District at Chengalpattu, by which the application filed to condone the delay of 1544 days was dismissed.
Brief background of the case in nutshell
2. The revision petitioner's father, namely, Major Harbhajan Singh Sandhu, who is the defendant in the suit in O.S.No.588 of 2007, had entered into an agreement with one Kathiravan on 14.11.2004 in respect of subject properties for a total sale consideration of Rs.54,00,000/- and received a sum of Rs.15,00,000/-. It was agreed between the parties that the sale process would be completed within three months. Thereafter, it appears that the purchaser Kathiravan had assigned the agreement in favour of the plaintiffs / respondents herein on 09.11.2007 and
The court ruled that an ex parte decree is invalid if proper summons are not served, emphasizing the necessity of adjudication on merits.
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.
The court emphasized the importance of allowing a party to contest a case on merits, prioritizing justice over procedural delays in the context of the Limitation Act.
The necessity of proper notice before restoring a suit, as it pertains to a defendant's right to defend their case.
The court emphasized that delay in filing to set aside an ex parte decree must be justified with valid reasons, and a liberal approach does not permit fanciful explanations.
Court emphasized the liberal interpretation of 'sufficient cause' for delays and the importance of justice in setting aside ex-parte decrees.
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....
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