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J. SREENIVAS RAO
Thokala Ramulu – Appellant
Versus
Govinda Laxmi – Respondent
ORDER :
(J. Sreenivas Rao, J.)
1. Aggrieved by the orders passed by the Senior Civil Judge, Mahabubabad in I.A. No.453 of 2022 in O.S. No.79 of 2018, dated 16.11.2023, petitioner/defendant No. 2 filed this Civil Revision Petition, invoking the provisions of Section 115 of C.P.C.
2. Heard Sri B.Balaji, learned counsel for the petitioner and Sri M.Mallikarjun Reddy, learned counsel appearing for respondents.
3. Revision petitioner herein is defendant No. 2 and respondents are plaintiffs in O.S. No.79 of 2018. For sake of convenience, the parties herein are referred to as they are arrayed in the suit before the Court below.
4. Learned counsel for the petitioner submits that plaintiffs filed suit vide O.S. No.79 of 2018 on the file of the Senior Civil Judge, Mahabubabad, seeking partition and separate possession of the suit schedule properties into equal shares and allot each 1/6th share, with all metes and bounds and other reliefs. In the said suit, defendant No. 2 was set ex-parte on 26.09.2019 for non filing of the written statement. Thereafter, the Court below passed ex-parte preliminary decree on 05.11.2020 in respect of item 3 of the schedule property i.e., Ac.3.24 gts and in respect
The court emphasized the need for diligence in legal proceedings and allowed one opportunity for the defendant to contest the suit while balancing the rights of the parties involved.
The need for valid reasons for delay in condonation petitions and the lack of bona fides in explanations for delay influenced the court's decision.
The court ruled that delays in filing petitions can be condoned if sufficient cause is shown, emphasizing the importance of adjudicating cases on their merits.
A co-defendant lacks locus standi to challenge the order setting aside an ex-parte decree in a partition suit.
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.
Court emphasized the liberal interpretation of 'sufficient cause' for delays and the importance of justice in setting aside ex-parte decrees.
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