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ARUN MONGA
Naranjan Singh – Appellant
Versus
Kuldeep Kaur – Respondent
| Table of Content |
|---|
| 1. challenge to procedural orders under cpc (Para 1) |
| 2. arguments against the maintainability of appeal (Para 3 , 6 , 8) |
| 3. procedural fairness and evidence evaluation (Para 4 , 5) |
| 4. final conclusion on appeal dismissal (Para 7 , 10 , 14) |
| 5. limitations on appeal under cpc (Para 11) |
| 6. impleading parties in civil suit (Para 12 , 13) |
JUDGMENT
Arun Monga, J. (Oral)
Challenge herein is to impugned order dated 17.05.2017 (Annexure P-1) whereby application filed by petitioner-plaintiffs under Section 5 of LIMITATION ACT for condonation of delay in filing first appeal against order 07.03.2015 (Annexure P-3) was dismissed being not maintainable. Further relief sought is to set aside impugned order dated 07.03.2015 (Annexure P-3) passed by learned Civil Judge (Junior Division), Rajpura whereby application (Annexure P-4) filed by respondent-defendant under Order IX Rule 13 of Code of Civil Procedure, 1908 (for short 'CPC') seeking to set aside ex parte order dated 28.09.2010 (Annexure P-14)as well as judgment/decree dated 11.11.2011 (Annexures P-15 and P-16) passed in Civil Suit No.99- T/21.12.2006/24.04.2009, was accepted and period of limitation for filing aforesaid applicatio
The court held that a revision under Article 227 is not maintainable when an alternative remedy of appeal is available following the dismissal of an application for condonation of delay under the Lim....
The rejection of applications for condonation of delay in filing petitions under Order 9 Rule 13 of CPC leads to the dismissal of the main petitions, making them appealable under Order XLIII Rule 1(d....
Setting aside ex-parte decree – Only by alleging that defendants should not suffer for laches of Advocate is not sufficient to take away valuable right accrued in favour of Plaintiff by ex-parte decr....
The sufficiency of the cause for delay is the primary criterion for condoning delay under the Limitation Act, not merely the length of the delay.
The failure to file an application for condonation of delay when seeking to set aside an ex parte decree under Order IX Rule 13 CPC is a fatal procedural defect, leading to dismissal of the applicati....
Orders dismissing Section 5 Limitation Act petitions are not appealable; must be challenged via revision, independent of restoration applications.
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