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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr Justice A.D.JAGADISH CHANDIRA, J
N.Senthamarai – Appellant
Versus
Anbalagan – Respondent
ORDER :
A.D.Jagadish Chandira, J.
The Civil Revision Petition is filed against the Fair and Decreetal Order dated 16.06.2023 passed in I.A.No.1 of 2021 in O.S.No.105 of 2010 on the file of Principal Subordinate Court, Salem.
Brief Facts
2. The revision petitioner is the fourth defendant in O.S.No.105 of 2010 on the file of Principal Subordinate Court, Salem, the first respondent is the plaintiff and respondents 2 to 4 are defendants 1 to 3 in the suit.
3. The first respondent/plaintiff has filed a suit in O.S.No.105 of 2010 for Specific Performance against the petitioner/fourth defendant and the other three respondents. The suit was dismissed for default on 20.11.2012. Thereafter, the first respondent/plaintiff filed an application in I.A.No.1 of 2021 under Section 5 of the Limitation Act to condone the delay of 2952 days in filing the application to restore the suit in O.S.No.105 of 2010.
4. The revision petitioner/fourth defendant had filed a counter and contested the application. He has also marked Ex.R.1. The trial Court, passed a conditional order and condoned the delay. Challenging the same, the present revision has been filed.
5. Learned counsel for the petitioner/fourth defendant
Delay in filing applications must be supported by sufficient cause; courts should not condone delays lightly as it may prejudice the opposite party.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The court emphasized that litigants owe a duty to track their cases vigilantly and cannot solely blame their lawyers for delays when seeking to condone significant time lapses.
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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