Back
ANIL KSHETARPAL
Gurcharan Singh – Appellant
Versus
Sohan Singh – Respondent
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 date and as and when their presence is required, the intimation will be given to them by their counsel. They further claim that they came to know of the decree a day before the filing of the application as the plaintiff (decree holder) proclaimed in the area that he has been granted the decree.
3. Both the Courts below have dismissed the application on the following grounds:-
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.
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.
The court emphasized the necessity for trial courts to consider the circumstances of defendants, particularly in rural contexts, when evaluating applications to set aside ex parte decrees.
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
