Meenakshi v. Ammachu
Case brief
What is this about?
This court allowed a civil revision petition to set aside an order rejecting an application setting aside an ex parte decree and condoning a delay of 269 days, deciding on the basis of substantial justice rather than strict documentary proof for the delay reason.
What did the court decide?
Allowed the revision, set aside impugned orders, and allowed the application to set aside the ex parte decree and condone the delay.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 10TH DAY OF JANUARY 2017/20TH POUSHA, 1938
CRP.No. 462 of 2016 ()
----------------------CMA.NO.146/2014 OF 1ST ADDITIONAL DISTRICT COURT, PALAKKAD
REVISION PETITIONER(S)/APPELLANTS/PETITIONERS/DEFENDANTS 4 TO 8:
1. MEENAKSHI, W/O. LATE VELAYUDHAN, AGED 69 YEARS, MACHATH HOUSE, VAVOOR, THENUR, PALAKKAD TALUK, PALAKKAD DISTRICT.
2. SAKUNTHALA,
- W/O.LATE VELAYUDHAN, AGED 43 YEARS, MACHATH HOUSE, VAVOOR, THENUR, PALAKKAD TALUK, PALAKKAD DISTRICT.
3. SURESHKUMAR,
Issues for consideration
1 issue framed by the court
Whether to condone the delay in filing the application to set aside the ex parte decree.
Parties & counsel
- petitioner
Meenakshi
- respondent
Ammachy
Coram
A.Muhamd Mustaque
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court