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G. S. AHLUWALIA
Murti Shri Ramchandra Ji Virajman Mandir – Appellant
Versus
Ahivaran Singh – Respondent
ORDER
1. This civil revision under section 115 of CPC has been filed against order dated 6.7.2015 passed by Second Additional District Judge, Gohad, District Bhind in Civil appeal No.68-A/2014 by which application filed by respondent under section 5 of Limitation Act for condonation of delay in filing a civil appeal under section 96 of CPC has been allowed and the delay of approximately 15 years has been condoned.
2. The factual matrix of the case revolves in a very narrow compass, therefore, the same can be understood by narrating the facts in a tabular form:-
| S. No. | Date | Event |
| 1. | 29/11/1997 | An ex-parte decree was passed against the respondent and in favour of applicant. |
| 2. | 22/12/1997 | An application under Order 9 Rule 13 of CPC was filed. |
| 3. | 08/10/2002 | Application filed under Order 9 Rule 13 of CPC was rejected. |
| 4. | 06/09/2004 | Miscellaneous appeal against the order of rejection of application under Order 9 Rule 13 of CPC was dismissed. |
| 5. | 11/01/2005 | W.P.No.20/2005 against the dismissal of miscellaneous appeal was dismissed. |
| 6. | 24/02/2005 | A civil suit was filed for setting aside of ex-parte de |
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 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....
Point of law: Once court accepts explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in revisiiona....
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act to advance substantial justice and remove injustice....
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....
Applications for condonation of delay under Section 5 of the Limitation Act are typically inapplicable to proceedings under Order XXI of CPC unless exceptional circumstances dictate otherwise.
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