Allowed

Kalyana Guru Chit Funds Pvt. Ltd., v. Ch. Vishnumurthy

Telangana HC30 Oct 2014CRP/1730/2011

Case brief

AI extract

What is this about?

In a civil revision petition, the High Court set aside the dismissal of an application to condone delay in filing for setting aside a default judgment. The court restored the suit to file and allowed the application for condonation of delay of six months.

What did the court decide?

The C.R.P was allowed, the impugned order was set aside, the application for condonation of delay was allowed, and the suit was restored to file.

Kalyana Guru Chit Funds Pvt. Ltd., Vs Ch… — Execution and Attachment | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1730 OF 2011 Dated:30-10-2014

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Between:

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Kalyana guru Chit funds Pvt. Ltd., being rep., by its Managing director A. Seshagiri Rao, S/o. Subba Rao, Office at D.No.6-3-663/14/A, Jaffar Ali Baig Road, Somajiguda, Hyderabad

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... PETITIONER

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AND

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Ch. Vishnumurthy and three others

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.. RESPONDENTS

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THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1730 OF 2011

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ORDER:

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The petitioner filed O.S No.943 of 2009 in the Court of X Junior Civil Judge, City Civil Court, Hyderabad against the respondents for recovery of amount on the basis of a chit transaction. The suit was dismissed for default on 18-11-2009. Thereupon, the petitioner filed an application under Order IX Rule 9

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CPC, with a prayer to set aside the said order. Since there was a delay of 187 days in filing the application, he filed I.A No. 425 of 2010 under Section 5 of the Limitation Act. In the affidavit, it was mentioned that failure to be present in the Court on the relevant day was on account of the mistake in noticing the date of hearing and the delay has also occurred in that behalf. The trial Court dismissed the I.A through order dated 27-08-2010. Hence the revision.

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Heard the learned counsel for the petitioner. None appears for the respondents.

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The suit filed by the petitioner was dismissed for default. The delay is only about six months. In the affidavit, it was mentioned that the nonappearance of the petitioner on the relevant day was on account of wrong noticing of the date of hearing. Such things do occur, particularly when quite a large number of matters are instituted by agencies like chit fund companies. This Court is of the view that the petitioner deserves to be given an opportunity to pursue its remedies.

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The C.R.P is accordingly allowed and the order under revision is set aside. As a result, I.A No.425 of 2010 is allowed and the delay is condoned. To avoid further complications in the matter, the order dated 18-11-2009 is set aside and the suit is restored to file. The trial Court shall take further steps after issuing notice to the respondents or their counsel.

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The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.

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___________________________ L. NARASIMHA REDDY, J

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30-10-2014 ks

Kalyana Guru Chit Funds Pvt. Ltd., v. Ch. Vishnumurthy

Case brief

What is this about?

What did the court decide?

Kalyana Guru Chit Funds Pvt. Ltd., v. Ch. Vishnumurthy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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