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CHILLAKUR SUMALATHA
Kilaru Appa Rao, S/o. Suryanarayana – Appellant
Versus
Sunku Prathapa Reddy, S/o. Venkatadri Reddy – Respondent
ORDER :
1. Challenge in this revision petition is the order that is rendered by the Court of Senior Civil Judge, Khammam in I.A.No.1842 of 2013 in I.A.No.996 of 2007 in O.S.No.240 of 2004, dated 11.02.2016.
2. Heard the submission of the learned counsel for the revision petitioner as well as the learned counsel for the respondent.
3. A perusal of the entire material that is produced before this Court reveals and discloses the following factual scenario:-
The revision petitioner filed a suit in O.S.No.240 of 2004 for specific performance of contract. The said suit was dismissed for default on 02.11.2005. Subsequently, the revision petitioner/plaintiff moved an Interlocutory Application seeking the Court to set-aside the said dismissal order. Since the said application was not filed within the prescribed period of limitation, another application vide I.A.No.996 of 2007 was filed seeking the Court to condone the delay in filing the said petition for restoration of the suit. I.A.No.996 of 2007 was also dismissed for default as the revision petitioner failed to deposit the required process for service of notice upon the respondent. Later, the revision petitioner moved another application
The main legal point established in the judgment is that the principles of condonation of delay should be applied with caution, and delay should not be condoned in cases of concocted reasons, neglige....
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The court emphasized that litigants owe a duty to track their cases vigilantly and cannot solely blame their lawyers for delays when seeking to condone significant time lapses.
The main legal point established in the judgment is the need for convincing and acceptable reasons for condonation of delay, emphasizing that the length of delay is not material, but the reasons stat....
Delay in filing applications must be supported by sufficient cause; courts should not condone delays lightly as it may prejudice the opposite party.
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