Vasu v. Soni
Case brief
What is this about?
The High Court set aside a trial court order that allowed applications to set aside an ex-parte decree and condoned delay without recording reasons or adjudicating sufficient cause under Order IX Rule 13 CPC, remitting the matter for fresh consideration.
What did the court decide?
Common order dated 05.07.2016 setting aside applications is set aside; applications remitted to trial court for disposal within two months after hearing.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
OP(C) NO. 1768 OF 2016
AGAINST THE JUDGMENT IN OS 185/2012 OF ADDITIONAL SUB COURT,NORTH PARAVUR, ERNAKULAM
PETITIONER:
VASU AGED 74 YEARS AGED 74 YEARS, S/O. RAMAN, MANGADATHU HOUSE, VADAKKUMBHAGOM KARA, MANJAPRA VILLAGE, ERNAKULAM. BY ADV SRI.PAUL K.VARGHESE
RESPONDENTS:
1 SONI W/O. LATE MURALEEDHARAN, RESIDING AT MUTTATHU HOUSE, ELANGAVAM, VARAPPETTY VILLAGE, KOTHAMANGALAM TALUK-686 691. 2 KEERTHANA D/O. MURALEEDHARAN, RESIDING AT VARAPPETTY VILLAGE,KOTHAMANGALAM TALUK, A MINOR REPRESENTED BY HER NEXT FRIEND AND MOTHER SONI, W/O. LATE MURALEEDHARAN, RESIDING AT MUTTATHU HOUSE, ELANGAVAM, VARAPPETTY VILLAGE, KOTHAMANGALAM TALUK-686 691. BY ADVS. P.VISWANATHAN (SR.) JAYASANKAR.G
Issues for consideration
3 issues framed by the court
Whether the trial court erred in not recording sufficient reasons for condoning delay under Order IX Rule 13 CPC.
Whether the trial court properly adjudicated the question of sufficient cause for condonation of delay.
Whether the plaint's claim for specific performance requires remittal for proper consideration of delay.
Parties & counsel
- petitioner
VASU
- respondent
SONI
- respondent
KEERTHANA
Coram
Case details
As recorded by the court registry
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