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ANIL KSHETARPAL
Gurcharan Singh – Appellant
Versus
Sohan Singh – Respondent
| Table of Content |
|---|
| 1. parties involved and nature of the suit (Para 1 , 2) |
| 2. discussions on the sufficiency of provided justification for delay. (Para 3 , 4) |
| 3. arguments regarding procedural issues (Para 6 , 7) |
| 4. legal reasoning regarding the necessity of separate application for delay. (Para 8) |
| 5. court's analysis of the application validity (Para 9 , 10 , 11) |
| 6. impact of court's decision on property rights (Para 12 , 13) |
| 7. disposition of pending applications (Para 14) |
JUDGMENT
Anil Kshetarpal, J.
In this revision petition filed under Article 227 of the Constitution of India, the petitioners are the defendant No.2 and 3 in the suit filed by the plaintiff before the trial Court.
2. The plaintiff has filed a suit for possession by way of specific performance of the agreement to sell. The defendant No.2 and 3 had purchased the property from the defendant No.1 through the registered sale deed. The plaintiff claims that a prior agreement to sell is in his favour. The defendant No.2 and 3 appeared in the suit through Mr.H.S.Narang, Advocate, who had filed the written statement. The defendant No.2 and 3 claim that their counsel had advised them not to be present in the Court on each and every
A separate application for condonation of delay is unnecessary if sufficient grounds are asserted within the application to justify the delay.
Circumstances, they cannot deny about the knowledge of the decree at a belated stage. The delay was not properly explained.
The court emphasized the importance of allowing a party to contest a case on merits, prioritizing justice over procedural delays in the context of the Limitation Act.
Delay in condoning application to set aside ex parte decree cannot be excused without sufficient explanation and diligence.
Setting aside ex-parte decree – Facts and events relating to passing of an ex-parte decree are distinct from facts and events relating to delayed filing of application for setting aside of ex-parte d....
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
Important Point: In Condonation of Delay now the test is not the length of delay, but it is substance of the matter.
Failure to demonstrate sufficient cause for delay in setting aside an ex parte decree results in dismissal of the application, emphasizing diligence and valid service of summons.
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