Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.MURALI SHANKAR
T.Arokiasamy – Appellant
Versus
S.John Joseph – Respondent
ORDER :
K. MURALI SHANKAR, J.
The Civil Miscellaneous Petition has been filed invoking Section 5 of Limitation Act seeking orders to condone the delay of 1424 days in filing the second appeal, challenging the judgment and decree made in A.S.No.148 of 2015 dated 27.11.2018 on the file of the First Additional Subordinate Court, Tiruchirappalli, partly allowing the judgment and decree passed in O.S.No.316 of 2005 dated 23.02.2012 on the file of the District Munsif Court, Manapparai.
2. The petitioner is the defendant. The respondents as plaintiffs filed a suit in O.S.No.316 of 2005 on the file of the District Munsif Court, Manapparai to declare that the suit property is belonging to them and for consequential permanent injunction restraining the petitioner / defendant and his men from in any manner interfering with the respondents / plaintiffs' peaceful possession and enjoyment of the suit property. The petitioner / defendant filed his written statement and contested the suit. The learned District Munsif, Manapparai, after framing necessary issues and after full trial, passed a judgment and decree dated 23.02.2012 dismissing the suit. Aggrieved by the dismissal of the suit, the responden
The court emphasized that a request for condoning a delay must be supported by credible evidence, reiterating strict adherence to limitation laws and principles of public policy that discourage undue....
The court ruled that the petitioners failed to establish sufficient cause to condone a 1325-day delay in filing an appeal, emphasizing the necessity of a bona fide explanation under the Limitation Ac....
Timeliness in legal proceedings is critical, and mere health claims must be substantiated with evidence to justify delays in filings; lack of sufficient cause leads to dismissal of condonation applic....
Delay in representing appeals cannot be condoned without sufficient cause; failure to explain inordinate delay reflects gross negligence, warranting dismissal.
The court established that inordinate delays in litigation must be justified with substantial evidence, and failure to do so results in dismissal of petitions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
