Health grounds without evidence can’t be accepted to condone delay: HC

CHENNAI: The Madras High Court had held that if a litigant files an application to condone the delay in challenging ex-parte order citing sickness, the same cannot be entertained when there were no materials to prove the illness.

Referring to the judgements passed by the Supreme Court and the Madras High Court in various cases, Justice SM Subramaniam held that the courts would not condone the long delay in a mechanical manner.

The judge made the ruling on dismissing a civil revision petition filed by one D Anandraj. The petitioner sought direction to set aside the Fair and Decretal Order passed by the Sub-Court, Poonamallee, in his Interlocutory Application (IA) in 2018. The IA was filed to excuse the four-year delay in challenging the 2013 ex-parte order passed by the sub-court in the Land Acquisition Original Petition.

When the matter was taken up by HC, the petitioner submitted that, since he had kidney issues, he was not in a position to file his responses before the trial court.

However, Justice Subramaniam pointed out the findings of the sub-court that, though the opportunity was given seven times from 2012 to 2013, the petitioner did not turn up, and therefore, he was set ex parte on December 9, 2013.

The judge further dismissed the revision petition, observing that the trial court had rightly dismissed the IA since the petitioner failed to furnish documents and material evidence to show that he was under treatment.