Wilson v. Dasan
Case brief
What is this about?
The Court dismissed a civil revision maintaining that an appeal, not revision, is the remedy when the rejection of an application to set aside an ex parte decree is primarily due to the failure to condone delay.
What did the court decide?
The Civil Revision is dismissed. All Interlocutory Applications stand dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 12TH DAY OF FEBRUARY 2013/23RD MAGHA 1934
CRP.NO. 55 OF 2013 ()
I.A. NOS.545 & 546 OD 2011 IN O.S. NO.102 OF 2010, SUB COURT, NEDUMANGAD
REVISION PETITIONER(S)/REVISION PETITIONER/DEFENDANT:
WILSON, S/O.MASILAMANI, AGED 60 YEARS,
THADATHARIKATHU VEEDU
PALAMTHOTTAM, THOLICODE, NEDUMANGADP.
BY ADV. SRI.T.K.ANANDA KRISHNAN
RESPONDENT/RESPONDENT/PLAINTIFF:
Issues for consideration
2 issues framed by the court
Whether a civil revision is maintainable challenging an order that declines to condone delay in filing an application to set aside a decree, when the main rejection was on merits.
Whether dismissal of the main application to set aside a decree for failure to condone time-bar renders a civil revision against the dismissal of the delay-condonation application maintainable.
Parties & counsel
- petitioner
Wilson
- respondent
Dasan
Coram
Thomas P. Joseph
Case details
As recorded by the court registry
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