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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Vanguri Narsimha – Appellant
Versus
Ambuji Padmamma – Respondent
| Table of Content |
|---|
| 1. background facts regarding suit and its dismissal. (Para 2 , 3) |
| 2. responses by both sides in the context of appeal. (Para 4 , 5) |
| 3. court's observations related to service of summons and right to notice. (Para 6 , 8 , 9 , 10 , 12) |
| 4. court's reasoning in allowing the revision petition. (Para 14 , 16) |
| 5. final decision to allow the revision petition. (Para 17) |
ORDER :
2. This Civil Revision Petition is filed aggrieved by the order passed in I.A.No.818 of 2023 in O.S.No.121 of 2014 dated 13.06.2024 by the learned V Additional District Judge, Ranga Reddy District at L.B. Nagar, (‘trial Court’), wherein an application filed under Section 5 of the Limitation Act, 1963, to condone delay of 78 days in filing application under Order IX Rule 13 of C.P.C. in O.S.No.121 of 2014 has been dismissed.
4. Respondent Nos.1, 2, 9 and 10 filed their counter opposing the present revision pleading that the trial Court has rightly dismissed the I.A. under revision and there are no grounds for interference.
6. Learned counsel for the revision petitioner relied upon the judgment in the case of the Hon’ble Supreme Court of India in G.P. Srivastava v. R.K. Raizada, (2000) 3 SCC 54, wherein it is
The necessity of proper notice before restoring a suit, as it pertains to a defendant's right to defend their case.
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.
Judicial discretion in condoning delay must favor substantial justice over rigid adherence to timelines, though sufficient cause for delay must be demonstrated.
Court emphasized the liberal interpretation of 'sufficient cause' for delays and the importance of justice in setting aside ex-parte decrees.
Conditions for setting aside an ex parte decree must be reasonable, and delays in filing applications must be adequately explained.
The court ruled that an ex parte decree is invalid if proper summons are not served, emphasizing the necessity of adjudication on merits.
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