Condonation of a short delay in filing a restoration petition is permissible under Section 5 of the Limitation Act when supported by medical certificates demonstrating the bona fides of the party or their authorized representative.

ORDER:

Heard Sri Y. Ashok Raj, learned counsel for the petitioners.

2. The present Civil Revision has been filed aggrieved by the docket order dated 22.03.2024 passed in I.A. No.124 of 2013 in O.S. No.4 of 2001 by the Principal Junior Civil Judge, Nirmal.

3. Learned counsel for the petitioners submits that the deceased plaintiff, through her GPA, filed a petition under Section 5 of Limitation Act, seeking to condone delay of 39 days in filing a petition under Order IX Rule 9 r/w Section 151 CPC in the above suit. The said I.A. was dismissed by the trial Court by observing as follows:

“The petitioner/plaintiff was absent due to ill-health from 20.09.2912 to 20.12.2012 and filed medical certificate showing that the GPA holder was suffering with Hypertension diabetes, and that the common old age ailment of said disease does not prevent to the GPA holder to appear before this Court to deposit process fee.”

Aggrieved by the same, the present Civil Revision Petition has been filed.

4. Learned counsel for the petitioners further submits that the GPA holder of the plaintiff, due to the sufferance from Hypertension diabetes from 20.09.2912 to 20.12.2012, was not in a position to know the stage of the suit, and he filed medical certificate to that effect. As such, the GPA holder filed a petition to condone the delay of 39 days in filing a petition under Order IX Rule 9 r/w Section 151 CPC in the above suit but the same was not considered by the trial Court as stated supra.

5. A perusal of the record shows that the suit was filed in the year 2001 for perpetual injunction against the respondents/defendants and since then the plaintiff had been prosecuting the suit till it was dismissed for default on 19.10.2012. It is not in dispute that the GPA holder has filed medical certificates to show his bona fides. Once medical certificates are filed, delay of 39 days cannot be denied under the regular health ailments. In such cases, the Courts have to condone the delay in filing a petition under Section 5 of Limitation Act. Moreover, in the present case, there is delay of only 39 days and the same can be considered by imposing some costs to the petitioners.

6. Accordingly, the Civil Revision Petition is disposed of by setting aside the docket order dated 22.03.2024 passed in I.A. No.124 of 2013 in O.S. No.4 of 2001 by the Principal Junior Civil Judge, Nirmal, subject to petitioners paying costs of Rs.5,000/- (Rs. Five thousand only) to the Nirmal Bar Association, within a period of two weeks from the date of receipt of copy of this order. On such payment of costs, the trial Court shall proceed with the matter and dispose of the case as expeditiously as possible.

As a sequel, miscellaneous applications pending, if any, shall stand closed.