Rajan v. Laly
Case brief
What is this about?
This High Court disposed of a Civil Revision Petition by dismissing an appeal against an order setting aside an ex parte decree. The court held the appeal was not maintainable as the appellant failed to challenge the prior order dismissing their application to condone delay in filing the application to set aside the decree.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938
CRP.No. 188 of 2015
C.M.A.NO.41 OF 2012 OF THE SUB COURT, KATTAPPANA
I.A.NO.219/2012 IN O.S.NO.101 OF 2014 OF MUNSIFF'S COURT, IDUKKI
PETITIONER(S)/APPELLANT/PETITIONER :
RAJAN, AGED 51 YEARS, S/O.THOMAS, RESIDING AT KAKKANATTU HOUSE, KALVARYMOUNT P.O, THANKAMANY VILLAGE.
BY ADVS. SRI.SHAJI THOMAS SRI.BINU PAUL SRI.T.V.VINU
SRI.GEORGE PULIKUTHIYIL
RESPONDENT(S)/RESPONDENTS/RESPONDENTS :
Issues for consideration
2 issues framed by the court
Whether a civil revision petition is maintainable challenging an order dismissing an application to set aside an ex parte decree when the appellant failed to appeal the order dismissing the applicatio
Whether the dismissal of the interlocutory application to condone delay is a necessary pre-condition to maintain an appeal challenging the subsequent order setting aside the ex parte decree.
Parties & counsel
- appellant
Rajan
- respondent
Laly
- respondent
Thomas
- respondent
Joy
Coram
Case details
As recorded by the court registry
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