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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Thirunagalingam – Appellant
Versus
Lingeswaran – Respondent
JUDGMENT :
SATISH CHANDRA SHARMA, J.
1. Leave granted.
2. The present appeal is arising out of order dated 25.04.2023 passed by the Madurai Bench of Madras High Court in C.R.P. (MD) No. 1113 of 2023 and CMP (MD) No. 5363 of 2023 (hereinafter “Impugned Order”).
3. The aforesaid order was arising out of order dated 08.02.2023 passed by the Principal District and Sessions Judge, Ramanathapuram (hereinafter “Trial Judge”) by which the Trial Judge has dismissed I.A. No. 1 of 2022 in unnumbered A.S. No. of 2022 on the file of the Court.
4. The facts of the case reveal that a sale agreement was executed on 17.08.2015 between the plaintiff (hereinafter “Appellant”) and defendant (hereinafter “Respondent No. 1”) for a consideration of Rs. 3 lakhs in respect of the suit property situated at Nainarkoil @ Naganathasamoothiram Village. The Respondent No. 1 in the present case failed to execute the sale deed pursuant to the sale agreement dated 17.08.2015 and in those circumstances, the Appellant preferred a civil suit before the Sub Court, Paramakudi, on 21.09.2015 i.e. O.S. No. 110/2015, praying for relief of specific performance of sale agreement dated 17.08.2015. The facts further reveal that dur
(1) An order of Supreme Court, passed upon judicial consideration, attains finality unless set aside through appropriate appellate or review mechanisms.(2) Limitation - Delay should not be condoned m....
The right to appeal is substantive; however, significant delay must be justified with bona fide reasons, which were not established in this case.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribes – Courts have no power to extend period of limitation on equitable grou....
The court affirmed that a party suppressing material facts cannot be granted equitable relief for condonation of delay in filing an appeal.
Setting aside ex-parte decree – Facts and events relating to passing of an ex-parte decree are distinct from facts and events relating to delayed filing of application for setting aside of ex-parte d....
The court emphasized that sufficient cause must be shown for condoning delay in appeals, advocating a liberal approach while also requiring satisfactory explanations for excessive delays.
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