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2016 (11) TMI 1551 - HC - Indian LawsDelay in filing application - time limitation - after 1600 days delay, applicant approached the Court for setting aside the exparte decree - Held that: - Admittedly, as per Section 5 of the Limitation Act, this petitioners / defendants 2 and 3 should have filed the application for setting aside the exparte decree within a period of 30 days from the date of exparte decree. But, this application was filed after a long delay of 1600 days and there was no proper explanation given by the petitioners / defendants 2 and 3 - The Hon ble Apex Court time and again directed the parties to give proper explanation for each and every day delay, but they were not given any proper reasons in this case. For the huge delay of 1600 days delay, there was no proper explanation by the petitioners / defendants 2 and 3, in fact the conduct of the defendants 2 and 3 namely petitioners herein that there was gross negligence on the part of them in depending the matter - This Court and the Hon ble Apex Court clearly stated that it is a settled legal principle that law of limitation is founded on Public Policy not meant to destroy rights of parties, but to see that the parties do not resort to dilatory tactics. The parties ought to be vigilant in Court proceedings and the duty of the parties to conduct the case and contact their advocate in proper - it is their bounden duty for the petitioners / defendants 2 and 3 that they would appear before the Court regularly without absenting themselves and verifying about the status of the case - revision petition dismissed - decided against petitioner.
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