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Madras High Court· 22 September 2026

Does a liberal approach apply where rejection of an apparently meritorious matter on limitation is pitted against a decision on merits?

A.JEBA SINGH v. A. Kaleesha
CRP.1928/2023 · CRP No. 1928 of 2023
Coram: Justice R.Rajesh Vivekananthan
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Answer

A liberal approach applies where rejection of an apparently meritorious matter on limitation is pitted against a decision on merits.

Yes. A liberal approach applies where rejection of an apparently meritorious matter on limitation is pitted against deciding it on merits. The petitioner ought accordingly to be afforded one more opportunity to contest the suit on merits, in the interests of justice and subject to cost. (¶16, 17)

Headnote

Code of Civil Procedure, 1908 — O.XX r.4(2) — O.XX r.5 — O.IX r.13 — Limitation Act, 1963 — s.5 — Ex parte decree without reasons — Sufficient cause — Condonation of delay — Code of Civil Procedure, 1908 — O.XX r.5 — Ex parte decree — Reasoned order still required — Held: Every judgment must contain a concise statement of the case, the points for determination and the reasons for the decision, and an ex parte judgment must equally answer the requirements of a reasoned order. (¶12) Code of Civil Procedure, 1908 — O.XX r.5 — Co-sharer's alienation — Subject to the partition suit — Held further: A co-sharer may sell his share of joint property to a third party and the alienation is subject to the result of the partition suit; it does not by itself bind the other co-sharer. (¶12) Limitation Act, 1963 — s.5 — Sufficient cause — Conduct of the earlier counsel — Held further: The conduct of the earlier counsel and the circumstances in which the defendants remained ex parte constitute sufficient cause within the meaning of section 5 of the Limitation Act. (¶13, 15) Limitation Act, 1963 — s.5 — Liberal approach — Limitation pitted against merits — Held further: Where rejection of an apparently meritorious matter on limitation is pitted against a decision on merits, the Court is entitled to take a liberal approach. Delay condoned subject to costs. (¶17, 18)

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In the Court's own words
Paragraph 16In the judgment in Arunoday Singh Vs. Lee Anne Elton reported in 2021 SCC Online SC 3285, the Hon’ble Supreme Court has held as follows:
Paragraph 17In view of the aforesaid circumstances, this Court is of the considered view that the petitioner ought to be afforded one more opportunity to contest the suit on merits. Accordingly, in the interests of justice, the delay is liable to be condoned subject to cost.
Acts & Sections
O.XX r.4(2) Code of Civil Procedure, 1908O.XX r.5 Code of Civil Procedure, 1908O.IX r.13 Code of Civil Procedure, 1908s.5 Limitation Act, 1963

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Also decided in this judgment
Does an ex parte judgment that states no reasons answer the requirements of Order 20 Rule 5 of the Code of Civil Procedure, 1908?Can a co-sharer sell his share of joint property to a third party subject to the result of the partition suit?Does the conduct of the earlier counsel that kept a defendant from contesting a suit amount to sufficient cause under section 5 of the Limitation Act, 1963?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections