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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Kapali – Appellant
Versus
G. Neelakandan (Died) – Respondent
ORDER :
1. The defendants 1 and 2, aggrieved by the dismissal of their application to condone the delay of 706 days in filing the application to set aside the ex parte decree, are the revision petitioners herein.
2. Heard Mr. K. Selvakumar, learned counsel for the petitioners. Despite service of notice on the respondents, they have not chosen to enter appearance either in person or through counsel. Therefore, after perusing the records, I have proceeded to decide this civil revision petition as under.
3. It is the case of the revision petitioners that they are defendants 1 and 2 in the suit and the suit property belongs to the third defendant, viz., Sri Yoga Narasimha Swamy Thirukkoil, Velachery. Consequently, it is the specific case of the revision petitioners that the plaintiff has no iota of title or interest in the suit property.
4. The reliefs claimed in the suit are for delivery of vacant possession from the defendants 1, 2 and 4 and for grant of permanent injunction restraining the defendants 1,2 and 4 from putting up any construction in the suit property and for costs.
5. Though the defendants 1 and 2 have filed a written statement even in January 1999, it appears that the suit
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 right to contest a case on merits, as per Article 21 of the Constitution, should be granted, and the inconvenience caused to the parties must be compensated by costs.
Due diligence and prompt action are essential in pursuing litigation, and parties cannot use health issues or distance as excuses for delaying legal proceedings.
The main legal point established in the judgment is the importance of advancing substantial justice over procedural law and the application of a liberal approach in considering the condonation of del....
The sufficiency of cause for condoning extensive delay must be adequately demonstrated, with reliance on established legal precedents.
The court emphasized the importance of making efforts for an amicable settlement in family partition suits and applied a liberal approach while dealing with the application for condonation of delay u....
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.
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