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Madras High Court· 22 September 2026

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?

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

The conduct of the earlier counsel that kept a defendant from contesting a suit amounts to sufficient cause under section 5.

Yes. The conduct of the earlier counsel that kept a defendant from contesting a suit amounts to sufficient cause under section 5. The same counsel had been engaged by the defendants in both proceedings and the defendants remained ex parte in both; a purchaser who entrusted the defence to his own family members raised a serious doubt whether he was deliberately kept away from effectively contesting the suit, and the ground reality of litigants being dependent on their counsel remains. (¶13, 15)

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 13It is also an admitted fact that the same counsel had been engaged by the defendants 2 to 8 in the present suit. The petitioner has produced the judgment and decree passed in O.S.No.562 of 2006 by the learned Additional District Munsif Court, Alandur, wherein the very same counsel had appeared for defendants 4 to 7. It is further seen that, in both the suits, the respective defendants remained absent and were set ex parte. The present suit has been instituted by the first respondent, who claims to be a co-sharer in the suit property. In such circumstances, the respondents 2 to 8 were the persons who were expected to effectively contest the claim made by the first respondent. The petitioner, being a purchaser from the second defendant, appears to have entrusted the matter to the other defendants, who are his family members, believing that they would take necessary steps to defend the suit. The circumstances narrated above, coupled with the fact that the same counsel had been engaged by the defendants in both the proceedings and that the defendants had remained ex parte, raise a serious doubt as to whether the petitioner was deliberately kept away from effectively contesting the suit.
Paragraph 15As held in the above case, the conduct of the earlier counsel and the circumstances under which the defendants remained ex parte, therefore, constitute sufficient cause within the meaning of Section 5 of the Limitation Act. It is also significant to note that the counter filed by the first respondent in I.A.No.427 of 2016 does not specifically deal with the petitioner's assertion that his father had earlier purchased an extent of 380 sq.ft. from defendants 2 to 8 and their mother under the sale deed dated 24.11.1994. The said transaction relates to the year 1994, whereas the suit schedule property has been described as measuring 16 cents without deducting the above mentioned 380 Sq.ft.
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 a liberal approach apply where rejection of an apparently meritorious matter on limitation is pitted against a decision on merits?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections