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SUJOY PAUL
Dasari Venkatesh – Appellant
Versus
Mandal Revenue Officer, Marredpally Mandal – Respondent
ORDER :
1. Heard Ms. Zainab Khan, learned counsel for the petitioners, finally. None for the respondents despite of service of notice.
2. Since all the Civil Revision Petitions are arising out of C.M.A. No. 19 of 2020 on the file of I Additional Chief Judge, City Civil Court, Secunderabad (Court below), the matters are argued, heard and decided by way of this Common Order.
3. These Civil Revision Petitions are filed challenging the orders dated 06.02.2024 in I.A. Nos.1808 to 1810 of 2023 and C.M.A. No. 19 of 2020 respectively on the file of the Court below, whereby the applications filed by the petitioners seeking (i) condonation of delay of 704 days in filing the applications to bring the legal representatives of the deceased appellant on record, (ii) to set aside the abatement caused due to the death of the deceased and (iii) to bring legal representatives of the deceased on record, were rejected by the Court below. Consequent to dismissal of the aforesaid applications, the Court below also dismissed the Civil Miscellaneous Appeal No. 19 of 2020.
4. The husband of the petitioner No. 1 herein and father of remaining petitioners i.e. appellant in C.M.A. No. 19 of 2020 before the Court
The court emphasized a liberal approach to condoning delay, stating that sufficient cause should be interpreted broadly to serve justice, rather than strictly adhering to procedural technicalities.
The court emphasized a liberal approach in condoning delays for substituting legal representatives, prioritizing substantial justice over strict adherence to procedural timelines.
The word 'sufficient cause' in Section 5 of the Limitation Act should be construed liberally to advance substantial justice, when the delay is not on account of any dilatory tactics, want of bonafide....
A court must adopt a pragmatic approach in condoning delay when substantial justice is at stake, especially in family property disputes, thereby overriding strict adherence to procedural technicaliti....
The main legal point established in the judgment is the application of the principles of condonation of delay, emphasizing a liberal, pragmatic, justice-oriented approach and the elastic nature of th....
The court ruled that a delay of 3110 days in filing a revision petition cannot be condoned due to the lack of sufficient cause, emphasizing adherence to procedural principles under the Limitation Act....
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