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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar, J
Narayanaswamy Konar – Appellant
Versus
Soundarapandian – Respondent
ORDER :
This Civil Miscellaneous Petition has been filed to condone the delay of 2616 days in filing appeal, challenging the exparte decree and judgment passed on 04.07.2017.
2. According to the petitioners, the respondent has filed a suit for specific performance on the basis of an agreement dated 08.06.2008, which came to be decreed exparte on 04.07.2017. It is averred that the suit itself is barred by time and the Trial Court has not considered the same at the time of passing the exparte decree. It is the case of the petitioners that the exparte decree came to be passed for non filing of written statement. Therefore, the petitioners filed two applications in I.A.Nos.2 and 3 of 2022 to set aside the exparte decree and to condone the delay of 1676 days. Both applications were dismissed, as against which refusing to condone the delay, C.R.P.No.3892 of 2022 was filed before this Court. The said petition was also dismissed by this Court on 29.11.2022, thereby confirming the order of dismissal passed by the Trial Court. Subsequently, C.M.A.No.2596 of 2022 was filed before this Court against I.A.No.3 of 2022, which was dismissed by this Court on 02.04.2024. Further, as against the dismis
The court emphasized that the discretion to condone delay in filing an appeal is not a matter of right and must be exercised judiciously, considering the merits of the case only when sufficient cause....
The court emphasized a liberal interpretation of 'sufficient cause' for condoning delays in appeals, balancing justice with the rights of parties involved.
The main legal point established in the judgment is the requirement to show sufficient cause for condonation of delay under Section 5 of the Limitation Act.
The main legal point established in the judgment is the need for convincing and acceptable reasons for condonation of delay, emphasizing that the length of delay is not material, but the reasons stat....
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