This is a civil revision under Section 115 CPC challenging an order that set aside an ex parte decree and allowed a condonation of delay application. The High Court found no illegality.
The revision was dismissed without any order as to costs.
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.
m THE 31cm copRT OF JtmICATURE AT JABALPUR ’ CIVIL REVISION no, 70};OF 1997WI e -e"CF’B (CW3
mil. REVISION UNDER/‘SECTION 115 OF THE CODE OF W,‘ . i CIVIL PROCEDURE ‘ CF0000000618 APPLICANT/ Nai’iri Ia’é. s76 IéoEar ughri PLAINTIFF Das, Fanikar by Caste, R/o'VillageParsahi. Ten. 8; Distt. Bilaspur (MP) - WRsvs \ I NON-APPLICMT/ :1. Premdas's/o Dheerandas DEFEWANTS K I Fanikar by Caste.R/o villagé Parsahi, Teh. & Distt.Bilaspur. hrough : The Collectorr,j ”‘i Bilaspur (MP)
HIGH COURT OF CHHATTISGARH, BILASPUR
Civil Revision No.705 of 1997
APPLICANT/: Shri Nain Das (Plaintiff) Versus NON-APPLICANTSI: 1. Premdas (Defendants) 2. Sheetal Das (Diedanddeleted) 3. State of MP (now State of CG) {CivilrevisionunderSection115 of the Code of Civil Procedure}
Present:
Mr. Sourabh Sharma, counsel for the applicant.
Mr. Somnath Verma, counsel for non-applicant No.1.
Miss Sangeeta Mishra, Panel Lawyer for the State/non-applicant No.3.
Sinqle Bench: Hon’ble Mr. TP Sharma, J
ORDER (10-9—2012)
\ revision and submits that non-applicant No.1 Was not having knowledge of
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Page 2 of 2
C.R.No.705/1 997
the decree, his Advocates have also not informed about the decree, therefore, when he came to know about the same, he has filed application for setting aside the ex parte decree.
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Sd/—
/V T.P. Sharma
" ’ ’:’
Ii’T
Judge
3 issues framed by the court
Whether the High Court should exercise revisional jurisdiction to set aside the lower court's order setting aside an ex parte decree and condoning delay.
Whether the lower court committed any illegality by allowing an application under Section 5 of the Limitation Act and setting aside an ex parte decree.
Whether the application for setting aside the ex parte decree was time-barred given the alleged date of decree issuance.
3 provisions across 2 enactments
Nain Das
T.P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
