IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
M.M.Babu, S/o. Mani – Appellant
Versus
Young Men Christian Association – Respondent
| Table of Content |
|---|
| 1. procedural background and summary of the history of the case. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding the condonation of delay and the duty of the courts. (Para 4 , 5 , 6 , 7) |
| 3. limitations on shifting responsibility to counsel and the requirement of bona fide explanation for delay. (Para 9 , 11 , 12) |
ORDER :
N. MALA, J.
Civil Revision Petition is filed challenging the order of M.P.No.3 of 2025 to condone the delay of 69 days in filing the R.C.A.Sr.No.8334 of 2025 passed by the VII Judge, Small Causes Court at Chennai.
2.The parties will be adverted to as per their ranking before the lower Appellate Court.
3.The gist of the facts necessary for disposal of the Civil Revision Petition are as follows:
The respondent filed R.C.O.P.No.1806 of 2013 against the judgement debtors for eviction. The Rent Control Court by its judgment and decree dated 16.07.2015, allowed the eviction petition. The judgment debtor preferred appeal in R.C.A.No.395 of 2015 challenging the eviction order and the same was allowed on 16.03.2017. The respondent aggrieved by the judgment and decree of the RCA, preferred Civil Revision Petition before this Court in CRP.Nos.2344 and 2345 of 2017
A litigant cannot obtain condonation of delay by shifting the entire blame onto their advocate or providing inconsistent and false explanations. The discretionary power to condone delay requires the ....
Condonation of delay requires establishing 'sufficient cause' through diligent conduct. A liberal approach to the law of limitation cannot be invoked to revive stale matters or excuse negligence when....
The court established that mere allegations of negligence against counsel do not constitute sufficient cause for condonation of delay under Section 5 of the Limitation Act, and the applicant must dem....
A mere claim of Counsel's neglect does not suffice for condonation of delay without establishing sufficient cause; litigants maintain responsibility for timely action.
Condonation of Delay – Second Appeal - when an appeal is barred by limitation and an application is made under Section 5 of the Limitation Act for condonation of the delay along with the memorandum o....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.