Ambika Sahu v. Basanti Sahu
Case brief
What is this about?
, the High Court dismissed Civil Revisional Petition No.1377 of 2018 against an order allowing condonation of delay in filing an execution application due to illness.
What did the court decide?
Petition dismissed; order of the learned Civil Judge allowing condonation of delay allowed.
What the court decided
CMP No.1377 of 2018
2 28.11.2018 Heard learned counsel for the petitioner.
This petition challenges the order dated 21.08.2018 passed by the learned 1st Addl. Sr. Civil Judge, Cuttack in CMA No.44 of 2017 whereby and whereunder learned trial court allowed the application filed by defendant no.2(b)-petitioner no.2 under Sec.5 of the Limitation Act to condone the delay in filing the application under Order 9 rule 13 CPC. In the application for condonation of delay, it is stated that the petitioner was suffering from illness and undergoing treatment in the City Hospital, Cuttack from 31.1.2017 to 27.2.2017. In support of his illness, he filed a medical certificate issued by the Medical Specialist, City Hospital, Cuttack. Learned trial court came to hold that the petitioner was prevented by sufficient cause from entering appearance in the suit and allow the petition in condoning the delay.
There being no illegality or infirmity in the impugned order, this Court is not inclined to interfere with the same.
Accordingly, the petition is dismissed.
Dr.A.K.Rath, J.
p
2
Issues for consideration
1 issue framed by the court
Whether the order of the trial court allowing the petitioner to condone delay in filing an application under Order 9 rule 13 CPC under the Limitation Act, due to illness, should be interfered with.
Parties & counsel
- petitioner
Defendant no.2(b)-Petitioner no.2
- respondent
Petitioner
Coram
Dr.A.K.Rath
Case details
As recorded by the court registry
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