Case Note & Summary
The appellant, Smt. Lalitha Kothari, filed three miscellaneous civil petitions under Section 151 of the Code of Civil Procedure, 1908, seeking permission to prefer Regular First Appeals against a common judgment and decree passed by the trial court. The appeals were numbered as RFA No.971/2010, RFA No.972/2010, and RFA No.973/2010. The appellant was represented by Shri P.D. Surana, Advocate. The respondents in the respective appeals were V. Sathyanarayana Rao and Thirupathi Reddy (in Misc.Cvl.No.9695/2010), B.N. Harshath, B.N. Mynavathi, B.N. Shailaja, and Thirupathi Reddy (in Misc.Cvl.No.9661/2010), and V. Sathyanarayana Rao and V. Shivaji Rao (in Misc.Cvl.No.8863/2010). The respondents were represented by Shri S. Gangadhar Aithal and Shri N.G. Sreedhar for respondent No.1 in the first petition, and by Shri S. Gangadhar Aithal for respondent Nos.1 to 3 in the second petition. The court, after hearing the parties, found that the delay in filing the appeals was not intentional and that the appellant had shown sufficient cause for the delay. Consequently, the court allowed the miscellaneous petitions, condoned the delay, and directed that the appeals be registered and heard on merits. The court also ordered that the appellant shall pay costs of Rs.500/- to each of the respondents in each appeal as a condition for condonation.
Headnote
A) Civil Procedure - Condonation of Delay - Section 151 Code of Civil Procedure, 1908 - Sufficient Cause - The appellant sought condonation of delay in filing appeals against a common judgment and decree. The court held that the delay was not intentional and the appellant had shown sufficient cause, thus condoning the delay and permitting the appeals to be heard on merits. (Paras 1-5)
Issue of Consideration
Whether the delay in filing the Regular First Appeals should be condoned and the appellant permitted to prosecute the appeals on merits.
Final Decision
The court allowed the miscellaneous petitions, condoned the delay, and directed that the appeals be registered and heard on merits. The appellant was ordered to pay costs of Rs.500/- to each of the respondents in each appeal.
Law Points
- Condonation of delay
- Section 151 CPC
- Liberal approach in condonation of delay
- Sufficient cause for delay
- Regular First Appeal
