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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
Kumaran, S/o. Munusami Naicker – Appellant
Versus
Jagannathan (Died), Sulochana, (W/o. Late. Jagannathan) – Respondent
| Table of Content |
|---|
| 1. failure to provide sufficient cause for delay in procedural applications justifies dismissal. (Para 1 , 2 , 3 , 4 , 5 , 8 , 9 , 10) |
| 2. liberal approach to condonation of delay requires demonstration of sufficient cause. (Para 6 , 7 , 11 , 12 , 13) |
| 3. court refuses to exercise discretion where applicant lacks bona fides. (Para 14) |
ORDER :
N. MALA, J.
(1) The Civil Revision Petition is filed challenging the order dated 16.12.2024, in IA.No.2/2024 in OS.No.129/2016, on the file of the learned District Munsif, Sholingur, dismissing the petitioner's application to condone the delay of 70 days in filing the petition seeking to set aside the exparte order passed in the aforesaid suit.
(2) The petitioner is the defendant in the suit. The respondents filed the suit for declaration of title, mandatory injunction and for permanent injunction. The petitioner filed the written statement in the suit and thereafter, remained absent. Therefore, on 10.06.2024, an exparte decree was passed against the petitioner. The petitioner thereafter filed IA.No.2/2024, to condone the delay of 70 days, in filing the petition seeking to set aside the exparte decree. As the Trial Court dismissed 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 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 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.
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 burden of proving sufficient cause for delay lies with the party seeking condonation. Negligence, inaction, or lack of bona fide on the part of the applicant may not justify condoning the delay.
Point of law: applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex-parte under sub-rule (3) of that rule or under sub-rule (1)....
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