The High Court of Kerala held that a Civil Revision Petition is misconceived to challenge an order refusing to set aside an ex-parte decree. The Court noted that grounds to condone delay in such an application can be urged in an appeal.
Civil Revision Petition dismissed without prejudice to the right to prefer an appeal.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934
CRP.No. 384 of 2012 ()
OS.114/2008 of ADL.SUB COURT, THALASSERY
REVISION PETITIONER(S)/DEFENDANTS:
BY ADVS.SRI.V.S.CHANDRASEKHARAN
SMT.PRINCY XAVIER
SMT.LEKSHMI SWAMINATHAN
RESPONDENT(S)/PLAINTIFFS:
BY ADV. SRI. R. SURENDRAN, CAVEATOR
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 20-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. CHITAMBARESH, J
C.R.P. NO. 384 OF 2012
Dated this the 20th day of September, 2012
ORDER
An order refusing to set aside the ex-parte decree after condoning the delay in a suit for eviction is under challenge in this Civil Revision Petition. I.A. No. 1614/2010 was filed to condone the delay and I.A. No. 1615/2010 was filed to set aside the ex-parte decree. I.A. No. 1615/2010 in O.S. No. 114/2008 was obviously filed under Order IX Rule 13 of the Code of Civil Procedure.
The Civil Revision Petition is dismissed without prejudice to the right of the petitioner to prefer an appeal as above.
V. CHITAMBARESH JUDGE
ncd
2 issues framed by the court
Whether a Civil Revision Petition is maintainable to challenge an order refusing to set aside an ex-parte decree when an application to condone delay can also be urged in an appeal.
Whether the grounds for condoning delay in the application to set aside an ex-parte decree can be urged in an appeal.
3 provisions across 1 enactments
MARBAN GOLD PVT. LTD.
K.K. HANEEFA
RAMZI SARAFFUDEEN
RAZVI SHARAFUDEEN
RAISON SHARAFUDEEN
RAZNA SHARAFUDEEN
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
