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A. V. SESHA SAI
Anumolu Jagan Mohan Rao – Appellant
Versus
Nikhila Constructions And Developers Pvt Ltd – Respondent
JUDGMENT
1. Heard Sri A.Satya Prasad, learned counsel for the petitioners and Sri N.Ashwin Kumar, learned counsel for the plaintiff - respondent No.1 and perused the material available on record.
2. In the present Revision, filed under Article 227 of the Constitution of India, challenge is to the order dtd. 1/11/2023, passed by the Court of the XIII Additional District & Sessions Judge, (FTC), Vijayawada, allowing I.A.No.262 of 2019 in O.S.No.191 of 2011, filed by the plaintiff-respondent No.1 herein under the provisions of Order 9 Rule 9 of the Code of Civil Procedure.
3. Respondent No.1 herein filed the aforesaid suit against the petitioners and four others, seeking the relief of specific performance of contract of sale deed. Suit schedule property, which consists of three items, is totally an extent of Ac.07.56 cents situated at Mantena Village, Gannavaram Mandal, Krishna District. The suit instituted by the respondent No.1 herein came to be dismissed by the learned XIII Additional District & Sessions Judge, (FTC), Vijayawada, for non-prosecution. Seeking restoration of the suit, by setting aside the order of default, the plaintiff - respondent No.1 herein filed the instant Inter
Litigants are not penalized for their Advocate's negligence; restoration of a suit can be granted based on demonstrated sufficient cause for non-appearance.
The condonation of delay in restoring a civil suit for specific performance must be based on sufficient cause, and an exorbitant and inordinate delay without such cause can lead to the quashing of th....
The court emphasized the liberal construction of 'sufficient cause' for setting aside an ex parte decree and the need to balance the interests of both parties to prevent miscarriage of justice.
In matters of suit restoration, courts should prioritize justice and merits over default while ensuring adequate compensation for the opposing party's hardships.
The burden of proving sufficient cause for delay lies with the party seeking condonation. Negligence, inaction, or lack of bona fide on the part of the applicant may not justify condoning the delay.
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