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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
Ponnammal @ Pasuvathal, Represented by her son/power agent Jeyakumar – Appellant
Versus
Kalaivani – Respondent
ORDER :
(R. VIJAYAKUMAR, J.)
The present civil revision petition has been filed by the defendant in O.S.No.998 of 2017 on the file of the Additional Subordinate Court, Karur challenging the dismissal of her application to condone the delay of 1264 days in filing an application to set aside the exparte decree.
2.The respondent herein has filed the above said suit for the relief of specific performance based upon a registered sale agreement dated 19.09.2016. An alternative prayer was sought for to refund of the advance amount with interest.
3.The defendant had remained exparte and an exparte decree came to be passed on 28.02.2018. On the strength of the exparte decree, the plaintiff had filed E.P.No.160 of 2018 for execution of sale deed. The sale deed was executed on 21.12.2020 and E.P. was closed on 19.07.2021.
4.The decree holder had filed E.A.No.1 of 2021 for delivery of the property on 30.07.2021. The decree holder had also filed E.A.No.1 of 2023 seeking Police Aid for taking possession. The said application was allowed on 13.06.2023. The decree holder has taken delivery through Court on 24.07.2023. The delivery was recorded by the Execution Court on 27.07.2023 and E.A.No.1 of 2021 w
The court must ascertain the bona fides of the explanation for delay in filing applications, and a lack of credible justification can lead to dismissal of such applications.
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.
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 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 the importance of providing sufficient evidence to support claims and the need for reasonable cause when seeking to condone significant delays in legal proceedings.
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.
Important Point: In Condonation of Delay now the test is not the length of delay, but it is substance of the matter.
The court held that mere reliance on counsel does not excuse delay in litigation; sufficient cause must be demonstrated for each day of delay to condone it.
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