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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Iragadindla Yadamma – Appellant
Versus
Iragadindla Ayalamma – Respondent
ORDER :
K. Sarath, J.
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India questioning the order dated 25.04.2024, passed in I.A.No.280 of 2023 in O.S.No.2 of 2022 on the file of Senior Civil Judge, Nagarkurnool, whereby the petition filed by the petitioner/defendant No.2 to condone the delay 298 days in filing a petition to set aside the ex parte decree dated 08.09.2022, was dismissed.
2. Heard Sri M.Damodar Reddy, learned Counsel for the petitioner and Sri N.Bhujanga Rao, learned counsel for the respondent and perused the record.
3. The facts leading to filing the present revision petition are that, the respondent/plaintiff filed suit vide O.S.No.2 of 2022 against the petitioner/defendant No.2 and defendant No.1 seeking specific performance of the agreement sale and for cancellation of registered sale deed No.3311/2021 dated 01.12.2021. On 25.03.2022 when the suit was called for appearance of the defendants, both the defendants were absent and therefore the defendants were set ex parte on 25.03.2022 and an exparte decree was passed on 08.09.2022. Thereafter the petitioner filed petition vide I.A.No.280 of 2023 in O.S.No.2 of 2022 for condonation o
The court emphasized that delay in filing to set aside an ex parte decree must be justified with valid reasons, and a liberal approach does not permit fanciful explanations.
Court emphasized the liberal interpretation of 'sufficient cause' for delays and the importance of justice in setting aside ex-parte decrees.
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.
Failure to demonstrate sufficient cause for delay in setting aside an ex parte decree results in dismissal of the application, emphasizing diligence and valid service of summons.
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