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B. S. BHANUMATHI
Thota Veera Venkata Satyanarayana Swamy – Appellant
Versus
Thota Veera Venkata Padma Kumari – Respondent
ORDER
This revision petition, under Article 227 of the Constitution of India, is filed against the order, dated 05.01.2023, allowing I.A.No.174 of 2018 in H.M.O.P.No.68 of 2015 on the file of the Court of Senior Civil Judge, Peddapuram, filed under Section 5 of the Limitation Act to condone delay of 547 days in filing petition under Order IX Rule 13 CPC, vide I.A.No.113 of 2022, to set aside the ex parte order, dated 18.02.2016, passed in O.P.No.68 of 2015 granting decree of divorce in favour of the petitioner.
2. Heard Sri T.V.V. Satyanarayana Swamy, learned counsel for the revision petitioner/husband and Sri T.V.S. Prabhakar Rao, learned counsel for the respondent/wife. The parties shall hereinafter be referred to as the husband and wife.
3. The husband filed O.P.No.68 of 2015 seeking decree of divorce against the respondent. Basing on the endorsement of refusal of the notice sent through registered post and the report of the Amin of the court, the wife was set ex parte and an ex parte order, dated 18.02.2016, was passed granting decree of divorce.
4. The wife sought to condone the delay of 547 days in filing the petition seeking to set aside the ex parte order stating briefly as
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 emphasized that delay in filing to set aside an ex parte decree must be justified with valid reasons, and a liberal approach does not permit fanciful explanations.
Point of law: applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex-parte under sub-rule (3) of that rule or under sub-rule (1)....
The court emphasized that the sufficiency of the cause for delay, rather than its length, is the key criterion for condonation under Section 5 of the Limitation Act.
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