Mohanram, v. Devadoss
Case brief
What is this about?
This court allowed a Civil Revision Petition set aside an order dismissing an application to condone defect in appeal. The court held that the appellant's illness during the relevant period constituted sufficient cause for condon ing the delay.
What did the court decide?
The order dismissing the appeal was set aside; the appeal was allowed on condition that the appellant pays Rs. 5,000 to the respondent.
What the court decided
1
Mohanram : Petitioner/Petitioner/Appellant
.. Vs ..
Devadoss : Respondent/Respondent/Respondent
PRAYER: Civil Revision Petition is filed under Article 115 of Civil Procedure Code, praying to set aside the order made in I.A.No.17 of 2012 in unnumbered appeal of 2012 on the file of Principal Sub Judge, Kumbakonam, dated 13.03.2013, by allowing this revision.
ORDER
This Civil Revision Petition is directed against the order passed by the learned Principal Sub Judge, Kumbakonam in I.A.No.17 of 2012 in unnumbered appeal.
2.The revision petitioner is the defendant in the suit in O.S.No.20 of 2008 on the file of the Principal District Munsif Court, Valanginan. The suit is for recovery of a sum of Rs.67,686/-. It is stated that the suit was decreed on 28.06.2011 and the petitioner's counsel also obtained a judgment copy on 14.07.2011. Though an appeal ought to have been filed on or before 12.08.2011, the same was preferred only with a delay of 214 days. Hence, along with the appeal, the petitioner filed a petition in I.A.No.17 of 2012 in unnumbered appeal to condone the delay of 214 days in preferring the appeal and the above said petition was dismissed by the lower Court. Aggrieved by the same, the defendant in the suit has preferred the above revision petition. https://hcservices.ecourts.gov.in/hcservices/
Issues for consideration
3 issues framed by the court
Whether delay in preferring an appeal due to illness warrants condonation under Section 5 of the Limitation Act.
Whether the lower court erred in dismissing the application to condone the defect in the appeal.
Whether reasons for condoning delay in a revision petition should be confined to the revision proceedings or based on earlier proceedings.
Parties & counsel
- appellant
Mohanram
- respondent
Devadoss
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court