Raguwan Sandanam vs China Great Wall Hospital Private Limited – CA RII/40/2023-2023

Brief
In the case between Raguwan Sandanam (Defendant-Petitioner) and China Great Wall Hospital Private Limited (Plaintiff-Respondent), the court addressed whether the defendant’s delay in seeking leave to appear and defend against a decree nisi, due to remand custody, was justified under applicable law. The court held that strict statutory limitations on time must yield to fundamental principles of natural justice, particularly where the defendant’s circumstances impair compliance. Reliance was placed on section 11(2) of the Recovery of Possession of Premises Given on Lease Act, together with constitutional provisions and judicial precedents, to underscore the court’s revisionary jurisdiction and the overarching application of audi alteram partem. It was determined that the interests of f