Can Entertain Delay Condonation Applications In Execution Proceedings Even In Absence Of Specific Provision: Madras High Court Reiterates

Can Entertain Delay Condonation Applications In Execution Proceedings Even In Absence Of Specific Provision: Madras High Court Reiterates

Case Title: The Sports Development Authority v. The Tamil Radhesoami Satsang Association

Citation: 2023 LiveLaw (Mad) 97

The Madras High Court recently reiterated that the courts have the power to entertain petitions for condoning delay in execution petitions even though the same has not been specifically provided for in the Code of Civil Procedure.

Justice K Kumaresh Babu followed an earlier decision of the Madras High Court in N.Rajendran v. SriramChits Tamil Nadu Private Limited where Justice V Ramasubramanian had traced out the history of the provisions regarding the execution petition and had held that though after the amendment of CPC, there was no specific provision for condonation of delay, as long as the provision was not inconsistent with the later amendments, the courts could follow the same