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K. SUJANA
Balram Agarwal – Appellant
Versus
G. Suwarna Alias Jayamma – Respondent
ORDER :
K. SUJANA, J.
This Civil Revision Petition is filed by the revision petitioners aggrieved by the order, dated 16.06.2023 passed in I.A.No.506 of 2022 in O.S.No.38 of 2012 by the learned Senior Civil Judge at Mahabubnagar.
2. I.A.No.506 of 2022 in O.S.No.38 of 2012 is filed by the revision petitioners/defendant Nos.5 and 6 under Section 5 of the Limitation Act read with Section 151 of CPC, seeking the Court to condone the delay of 2100 days in filing a petition in order to set aside the ex-parte preliminary decree dated 15.12.2016 passed in O.S.No.38 of 2012 enabling the petitioners/defendant Nos.5 and 6 to put forth their defense and cross-examine the PW-1 for fair disposal of the case on merits.
3. The contention of the petitioners/defendant Nos.5 and 6 in I.A.No.506 of 2022 in O.S.No.38 of 2012 is that respondent No.1/plaintiff conspired with other respondents filed a false, vauge, fabricated and vexatious partition suit against the petitioners and others. Respondent No.1/plaintiff obtained ex-parte preliminary decree in her favour without their knowledge. The petitioners/defendant Nos.5 and 6 further claimed that respondent No.1/plaintiff with malicious intent had deliber
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.
The court emphasized the importance of making efforts for an amicable settlement in family partition suits and applied a liberal approach while dealing with the application for condonation of delay u....
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 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 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 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.
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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