Gowdadri Venkata Rajesh v. Gowdadri Chankra Kumari
Case brief
What is this about?
Keywords: condonation of delay; Section 5 Limitation Act; Order IX Rule 13 CPC; ex parte decree; maintainability of civil revision petition; Order XLIII Rule 1(d) CPC appeal; Article 227 Constitution of India; Section 115 CPC; Telangana High Court common order dated 31.03.2023; Shaik Abdul Haq v. Aiswarya Nilaya Chit Fund. Summary: The Andhra Pradesh High Court dismissed C.R.P.No.2954 of 2023, which challenged the trial court's refusal to condone a 13-day delay in filing an Order IX Rule 13 CPC application, holding the matter covered by the Telangana High Court common order dated 31.03.2023 and directing the petitioners to avail the statutory appeal under Order XLIII, Rule 1(d) of C.P.C. against the impugned order dated 31.10.2023.
What did the court decide?
No relief; Civil Revision Petition dismissed with no order as to costs; petitioners granted liberty to prefer appeal under Order XLIII, Rule 1(d) of C.P.C. against the impugned order dated 31.10.2023; interim orders, if any, stand vacated; pending miscellaneous petitions, if any, stand closed.