Allowed

N. Siva Sankara Reddy, v. C. Maheswari Devi

Telangana HC26 Apr 2011CRP/435/2008

Case brief

AI extract

What is this about?

The High Court allowed a civil revision petition, holding that lower courts must exercise discretion to condone delay in representing a plaint under Section 148 CPC, even if exceeding 30 days, by applying the Salem Advocate Bar Association principle rather than the rigid rule under Section 151.

What did the court decide?

The lower Court's dismissal was set aside, delay in representing the plaint was condoned, and the petitioner was directed to comply with objections within two weeks.

N. Siva Sankara Reddy, Vs C. Maheswari Devi — Property and Title | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

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C.R.P.No. 435 of 2008

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DATE: 26-04-2011

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Between: N.Siva Sankara Reddy C.Maheswaridevi and 6 others.

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.. Petitioner And .. Respondents

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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

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C.R.P.No. 435 of 2008

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ORDER:

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The petitioner in I.A.No.633 of 2005 in C.F.R.No.8280 of 2005 on the file of the Principal Senior Civil Judge, Kurnool, who was aggrieved by the order of dismissing the application in the above I.A. to condone the delay in representing the plaint, is the revision petitioner.

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It appears that the revision petitioner has filed a suit in forma pauperis and the petition was allowed and the plaint was said to have been returned with some objections and it was not represented within time. There seems to be a delay of about 223 days in representing the plaint. However, the lower Court ordered notice to the respondents on this application and it was objected by the respondents on the ground that Section 151 of Civil Procedure Code, 1908 (for brevity “CPC”) is not application and it is only under Section 148 of CPC the application has to be treated and the delay under Section 148 of CPC cannot be

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condoned if it is more than 30 days.

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The lower Court has failed to notice the judgment reported in the case of SALEM ADVOCATES BAR ASSOCIATION vs. UNION OF INDIA^[1] , wherein while considering the amendments in CPC, the Hon’ble Supreme Court held that “the period prescribed under Section 148 of CPC is not absolute and for the reasons recorded by a Court any further time also can be condoned”.

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It is to be noted that no party should be condemned unheard even at the threshold and if the petitioner is said to be a pauper and defaulting in representing the case, it is not lying with the hands of the petitioner but it is in the hands of the learned counsel representing the petitioner.

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Therefore, in view of the circumstances, the dismissal of the application by the lower Court by applying Section 148 of CPC without taking a liberal view and without considering the reasons given by the petitioner is not proper. The right of the parties in the immovable properties is involved. Therefore, the dismissal of the application by the lower Court is not proper and the order is set aside and the delay in representation of the plaint is condoned. The petitioner shall comply with all the objections within two weeks and thereafter the lower Court shall register the suit, if otherwise in order.

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Accordingly, the Civil Revision Petition is allowed. No costs.

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________________________ N.R.L.NAGESWARA RAO, J

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26-04-2011 MR

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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO

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C.R.P.No. 435 of 2008

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DATE: 26-04-2011

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[1] (2005)6 SUPREME COURT CASES 344

N. Siva Sankara Reddy, v. C. Maheswari Devi

Case brief

What is this about?

What did the court decide?

N. Siva Sankara Reddy, v. C. Maheswari Devi

Case brief

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