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1 - 5 of 5 (1.53 seconds)M.K. Prasad vs P.Arumugam on 30 July, 2001
15. There is nothing on record to show that the
notices of transfers of matters from Small Causes
Court, Greater Bombay to Bandra Bench were issued or
intimated to the parties. The general notice even to
the Advocate, if any, but want of such intimation to
the petitioner would definitely cause great prejudice
and injustice to the person like the petitioner. The
petitioner, as noted, received the notice of execution
from Bandra Bench of Small Causes Court whereas
admittedly the Suit was filed in Small Causes Court at
Bombay. The non-communication of transfer of matters
from one Court to another and further proceeding and
no communication from the Advocate, in my view, if
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causes injustice and results into such exparte decree
of eviction need to be considered as a sufficient
ground/reason to condone the delay and to set aside
the exparte decree in the interest of justice. In
such cases, it is difficult to expect the explanation
of day-by-day or month-by-month or year-by-year delays
in the present case on both counts even before the
passing of exparte decree, as well as, after passing
of exparte decree. Therefore, the limitation of 30
days from the date of decree and/or from the date of
knowledge
circumstances
of
ig of
decree,
the
in
case,
the
as
present
contemplated
facts and
under
Article 123 of the Limitation Act, 1963 need to be
considered in favour of the petitioner. ( AIR 2001
S.C. 2497 - M.K.Prasad v. P. Arumugam; AIR 1987 SC
1353- Collector, Land Acquisition, Anantnag & anr.
Mahabir Singh vs Subhash & Ors on 12 October, 2007
v.Mst. Katiji & ors. and 2008 (1) SCC 358-Mahabir
Singh v. Subhash & ors.).
ors.)
16. In view of above facts and circumstances of the
case to sub-serve the ends of justice, I am inclined
to take liberal approach in the present matter as,
according to me, the petitioner has shown sufficient
cause and as absence and delay was not malafide and
intentional.
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Article 123 in Constitution of India [Constitution]
The Limitation Act, 1963
1