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P. SREE SUDHA
S. Yamini Vally – Appellant
Versus
Sashi Kumar Khanna – Respondent
ORDER :
1. This civil revision petition is filed aggrieved by the order dated 19.12.2019 passed in I.A.No.816 of 2016 in O.S.No.848 of 2012 on the file of the learned VII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.
2. The petitioners herein are defendant Nos.2 and 18 in the suit. They filed an application viz., I.A.No.816 of 2016 in the suit under Section 5 of the Limitation Act seeking to condone the delay of 88 days in filing the petition to set aside the order. In fact, O.S.No.848 of 2012 was filed for declaration of title and for injunction. The petitioners herein could not cross-examine P.W.1 and as such they were set ex parte on 20.01.2016. Thereafter, the matter was posted for arguments on 01.02.2016 and judgment was passed on 22.02.2016. The petitioners would further state that the first petitioner is staying at Vijayanagaram and the second petitioner is staying at Hyderabad. Due to the ill health they could not contact their counsel and the counsel not even applied for certified copies and on their instructions the counsel applied for certified copy on 21.04.2016 and the same was received on 13.05.2016 and collected the same on 08.06.2016 and c
Due diligence and prompt action are essential in pursuing litigation, and parties cannot use health issues or distance as excuses for delaying legal proceedings.
The main legal point established in the judgment is the requirement to show sufficient cause for condonation of delay under Section 5 of the Limitation Act.
Under Section 5 of the Limitation Act, delay in filing applications may be condoned when substantial rights warrant a fair opportunity for a party to defend on merits, outweighing strict requirements....
Delay in filing an appeal does not warrant condonation without sufficient substantiated evidence, emphasizing the need for timely legal actions.
Submission of valid evidence to justify delay in legal proceedings is essential for condonation of such delays.
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