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A. VENKATESHWARA REDDY
Dudekula Abbas – Appellant
Versus
Koduru Maheshwar Reddy – Respondent
ORDER :
This Civil Revision Petition is filed by the petitioner/defendant assailing the orders dated 31.10.2019 in I.A.No.563 of 2017 in O.S.No.32 of 2016 on the file of the learned Additional Junior Civil Judge, Jangaon.
2. Application in I.A.No.563 of 2017 was filed by the defendant under Section 5 of Limitation Act to condone the delay of 52 days from 23.10.2017 to 12.12.2017 in filing an application to set aside the ex-parte decree dated 23.09.2017. The trial Court having considered the rival contentions dismissed the said application. Feeling aggrieved by the same, the defendant has filed this Civil Revision Petition.
3. Heard learned counsel for the petitioner and the respondent. The submissions made on either sides have received given due consideration of this Court.
4. For the sake of convenience, the parties are referred to as plaintiff and the defendant as arrayed in the original suit.
5. The plaintiff has filed O.S.No.32 of 2016 for recovery of possession and removal of structures over the suit schedule land in Sy.No.516/AA, situated at Eravennu Village, Palakurthy Mandal, Warangal District. As per the record, on 17.02.2016, the defendant appeared, failed to file written stat
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.
The main legal point established in the judgment is the need for a liberal construction of 'sufficient cause' under Section 5 of the Limitation Act to advance substantial justice and remove injustice....
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 court emphasized a liberal approach toward condoning delays, prioritizing substantial justice over technicalities.
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