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A. SANTHOSH REDDY
B Shanker, Ranga Reddy Dist – Appellant
Versus
Bandi Pochaiah Died – Respondent
ORDER :
This revision is filed under Section 115 of the Code of Civil Procedure, 1908 ( for short “C.P.C.) to set aside the order dated 18.01.2016 in I.A.No.1269 of 2015 in AS (SR) No.6539 of 2015 on the file of the Principal District Judge, R.R.District at L.B.Nagar.
2. Heard learned counsel for the petitioner and the learned counsel for the respondent.
3. The respondents filed a suit in O.S.No.672 of 2007 for partition of the schedule properties and the same was decreed by the trial Court vide judgment and decree dated 03.06.2014. Aggrieved by the same, the petitioner filed appeal with delay of (365) days along with delay condonation application in I.A.No.1269 of 2015 under Section 5 of the Indian Limitation Act, 1963 (for short “the Act”) to condone the delay of (365) days on the ground that due to the family disputes, he could not contact his counsel to enquire about the result of the suit and that caused delay in filing the appeal.
4. The respondents resisted the said application by way of counter affidavit. On a consideration of the material on record, the appellate Court vide order dated 18.01.2016 dismissed the said application.
5. In the affidavit filed in support of the applic
The court established that mere allegations of negligence against counsel do not constitute sufficient cause for condonation of delay under Section 5 of the Limitation Act, and the applicant must dem....
Unexplained delay cannot be condoned under Sec. 5 of the Limitation Act, 1963.
The concept of 'sufficient cause' for condoning delay under Section 5 of the Limitation Act should receive a liberal construction to advance substantial justice, and the length of delay is not a deci....
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