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CHILLAKUR SUMALATHA
Kodiganti Jagapati Reddy, S/o K. Krishna Reddy – Appellant
Versus
Kodiganti Bhaskar Reddy, S/o K. Sudhakar Reddy – Respondent
ORDER :
Heard learned counsel for the petitioner as well as learned counsel for the respondent. Perused the material available on record.
2. Challenge in this Civil Revision Petition is the order rendered by the Court of Senior Civil Judge, Nagarkurnoool, Mahabubnagar District, in I.A.No.390 of 2014 in O.S.No.119 of 2013, dated 22.12.2014.
3. I.A.No.390 of 2014 was filed by the revision petitioner, who is the defendant to the suit, under Section 5 of the Limitation Act, seeking the Court to condone the delay of 107 days in filing application to set aside the exparte decree dated 17.02.2014 in O.S.No.119 of 2013. The request was dishonoured and the said application was dismissed vide order dated 22.12.2014. Aggrieved by the same, the revision petitioner is before this Court.
4. Arguing at length in respect of the merits of the case, learned counsel for the revision petitioner submits that the suit was filed by the respondent/plaintiff for specific performance of the contract of sale and on receipt of summons, the revision petitioner appeared before the trial Court and also engaged an Advocate to defend him. But, subsequently, he left to Hyderabad for eking out his livelihood and thereaf
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.
Condonation of delay requires establishing 'sufficient cause' through diligent conduct. A liberal approach to the law of limitation cannot be invoked to revive stale matters or excuse negligence when....
The court must ascertain the bona fides of the explanation for delay in filing applications, and a lack of credible justification can lead to dismissal of such applications.
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
Submission of valid evidence to justify delay in legal proceedings is essential for condonation of such delays.
A substantial right accrued in favor of the decree holder, with courts asserting the stringent application of limitation laws and their public policy implications.
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