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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
P.Sureshkumar – Appellant
Versus
M.Dhandapani – Respondent
| Table of Content |
|---|
| 1. introduction of the case and parties involved. (Para 1 , 2) |
| 2. arguments presented regarding procedural compliance. (Para 3 , 4 , 5) |
| 3. context on the delay and prior interactions with the courts. (Para 6 , 7 , 8 , 9) |
| 4. evaluation of what constitutes sufficient cause for delay. (Para 10 , 12 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
ORDER :
1. The first defendant in O.S. No.294 of 2017, aggrieved by dismissal of I.A. No.1 of 2021 which was filed for condonation of delay of 655 days in filing the Application to set aside the exparte decree, is the revision petitioner.
2. I have heard Mr.P.Valliappan, learned Senior Counsel for Mr.S.M.S.Sriram Narayanan, learned counsel for the revision petitioner and Mr.T.Gowthaman, learned Senior Counsel for Mr.S.A.Syed Shuhaibb, learned counsel for the contesting first respondent.
3. The learned Senior Counsel Mr.P.Valliappan, inviting my attention to the relief sought for in the plaint and the judgment passed in the suit, would contend that the decree is a nullity, since the same does not conform to Order XX, Rule 4 CPC . The learned Senior Counsel would further state that the first respondent/plaintiff has relied on only photo copies of d
A party seeking condonation of delay must show sufficient cause; mere procedural deficiencies in prior judgments do not automatically justify delay.
The sufficiency of cause for condoning extensive delay must be adequately demonstrated, with reliance on established legal precedents.
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....
The court held that sufficient cause must be shown to condone delay under the Limitation Act, and mere negligence of legal counsel does not qualify as such.
The sufficiency of the cause for delay is the primary criterion for condoning delay under the Limitation Act, not merely the length of the delay.
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