Partly allowed

Mavilla Madhusudhan Reddy(Died) v. Mavilla Madhusudhan Reddy

Andhra Pradesh HC28 Feb 2020CMA/499/2019

Case brief

AI extract

What is this about?

The Court allowed Civil Revision and Miscellaneous Appeals, holding that denying Section 5 Limitation Act reliance before filing an Order XX Rule 9 application was erroneous. Suit dismissed via default Order IX Rule 9 application is restored and remanded to Trial Court.

What did the court decide?

Impugned order set aside; matter remanded to Trial Court for disposal.

Mavilla Madhusudhan Reddy(Died) Vs Mavilla… — Execution and Attachment | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR AND

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Civil Revision Petition No. 3175 of 2019 Civil Revision Petition No. 3326 of 2019 Civil Miscellaneous Appeal No. 499 of 2019

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COMMON ORDER : ( Per Hon’ble Sri Justice C.Praveen Kumar)

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The present Civil Revision Petitions are filed assailing the Order, dated 06.08.2019, wherein, the learned Judge dismissed the I.A. No. 50 of 2019 filed in O.S. No. 93 of 2017 on the ground that an application under Section 5 of the Limitation Act for condoning the delay in filing an application under Order XX Rule 9 of C.P.C. to set-aside the abatement order, is not maintainable.

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1. In-spite of service of notice, there is no representation on

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behalf of the Respondents.

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1. Heard the learned Counsel for the Petitioners.

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We are of the view that the reasons given by the learned Judge rejecting the application filed under Section 5 of the Limitation Act as not maintainable appears to be totally erroneous. In-fact, an application under Section 5 alone would lie in seeking condonation of delay in making an application under Order XX Rule 9 of C.P.C., in the absence of any bar under the Code.

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Accordingly, the Civil Revision Petition is allowed . Consequently, the C.M.A. No. 499 of 2019 filed against the Order rejecting an application filed under Order IX Rule 9 of C.P.C., to restore the Suit which was dismissed for default, is restored and the matter is remanded back to the Trial Court.

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1. In view of the Orders passed in above cases, C.R.P. No. 3326 of 2019 is allowed and the order impugned is set-aside, consequently the matter is remanded back to the Trial Court for disposal afresh in accordance with law. No order as to costs.

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1. Consequently, miscellaneous petitions pending, if any, shall stand closed.

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________________________________ JUSTICE C. PRAVEEN KUMAR

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_____________________________ JUSTICE BATTU DEVANAND

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Date: 28.02.2019 SM.

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THE HON’BLE SRI JUSTICE C. PRAVEEN KUMAR

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AND

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Civil Revision Petition No. 3175 of 2019 Civil Revision Petition No. 3326 of 2019 Civil Miscellaneous Appeal No. 499 of 2019

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( Per Hon’ble Sri Justice C.Praveen Kumar)

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Date: 28.02.2019

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SM.

Mavilla Madhusudhan Reddy(Died) v. Mavilla Madhusudhan Reddy

Case brief

What is this about?

What did the court decide?

Mavilla Madhusudhan Reddy(Died) v. Mavilla Madhusudhan Reddy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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