The Hon'ble Single Judge allowed the civil revision petition and granted the prayer to set aside an ex-parte decree by condoning the delay in filing the application, thereby giving the petitioner an opportunity to contest the suit on merits.
I.A.No.504 of 2017 is allowed without costs; opportunity given to petitioner to contest suit on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M.GANGA RAO CIVIL REVISION PETITION No.579 of 2019
ORDER :
The petitioner filed this Civil Revision Petition under Section 115 of Code of Civil Procedure, aggrieved by the order dated 23.01.2019 passed in I.A.No.505 of 2017 in O.S.No.15 of 2014 by the learned III Additional District Judge, Rajampet, whereby the trial Court allowed the petition filed under Section 5 of Limitation Act r/w Section 151 of Code of Civil Procedure in I.A.No.504 in O.S.No.15 of 2014, subject to compliance of order in I.A.No.505 of 2017 in O.S.No.15 of 2014.
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2011 and requested him to return the advance amount. The petitioner calculated interest upto date and returned the advance amount to the respondent. The respondent returned the sale agreement executed by the petitioner. Thereafter, the transaction between the petitioner and the respondent was completed. The petitioner has taken specific plea in the written statement stating that the promissory note is a created document by the respondent. The suit promissory note is not supported by any consideration.
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Miscellaneous petitions, if any, pending in this revision shall stand closed.
_____________________ JUSTICE M.GANGA RAO
Dated 01.10.2019 SPR
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THE HON’BLE SRI JUSTICE M.GANGA RAO
CIVIL REVISION PETITION No.579 of 2019
Dated 01.10.2019 SPR
2 issues framed by the court
Whether delay in filing application to set aside ex-parte decree and condone limitation can be excused and allowed.
Whether the petitioner is entitled to an opportunity to contest the suit on merits after the trial court allowed condonation of delay subject to deposit.
4 provisions across 2 enactments
Petitioner
Respondent
M. GANGA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
