- Case
- M/S RAJESHWARI BUILDERS AND DEVELOPERS, THR. PARTNER, NARENDRA V. DUDHE AND MANGESH S. SURAWAR v. RAMMURTHY BHIMSEN CHAWLA AND ANOTHER (Bombay High Court, 14-01-2025)
- Law
- Code of Civil Procedure, Constitution of India.
Facts: Respondent No. 1 filed a Special Civil Suit which was dismissed in default in 2017. He then filed an application for condonation of delay in filing a restoration application, citing non-intimation by his advocate, physical disability, and the Covid-19 pandemic. The Trial Court allowed the application for condonation of delay. The Petitioner (original defendant) challenged this order, arguing that there was a significant delay of five years (1473 days after deducting the Covid period), which the Trial Court did not properly consider.
Procedural Posture: The Petitioner (original defendant) filed a Writ Petition in the High Court challenging the order of the 18th Joint Civil Judge Senior Division, Nagpur, which condoned the delay in filing the restoration application.
Issue: Did the Trial Court err in condoning the delay in filing the restoration application without properly considering the length of the delay, the lack of evidence presented by the applicant (Respondent No. 1), and the failure to register the restoration application separately and issue notice to the Petitioner?
Holding: Yes, the High Court held that the Trial Court erred in condoning the delay. The High Court allowed the Writ Petition and quashed the Trial Court's orders condoning the delay.
Reasoning: The High Court reasoned that the delay in filing the restoration application was substantial (3 years and 10 months). The Respondent No. 1 (original plaintiff) did not provide sufficient evidence to support his claim of non-intimation by his counsel or his physical disability. Furthermore, the Trial Court failed to register the restoration application separately and did not issue notices to the Petitioner, thereby depriving the Petitioner of the opportunity to participate and defend the proceedings. The High Court directed the Trial Court to allow parties to lead evidence and to register the restoration application separately if the delay is condoned, ensuring proper notice to the respondent.
