A. Murugesan v. Smt. Jamuna Rani
Case brief
What is this about?
Revision dismissed. Court upheld ex parte decree, holding petitioner liable for 17-year conduct misconduct and abuse of process. Clerk. Costs waived.
What did the court decide?
Revision petition dismissed. Connected M.P. also dismissed. No costs awarded.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:17-4-2014
CORAM
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
C.R.P.(NPD)No.1202 of 2014
A.Murugesan ... Petitioner
Versus
SMT.Jamunarani ... Respondent
This Revision Petition is filed under Section 115 CPC against the order and judgement of Additional District Judge (Fast Track Court No.1) Chidambaram in C.M.A.No.15 of 2009 dated 13.7.2010 confirming the order of the Subordinate Court, Chidambaram in I.A.No.117 of 2009 in O.S.No.92 of 1997 dated 30.6.2009, which dismissed in the above I.A. Petition to set aside the exparte decree passed in O.S.No.92 of 1999 on 16.3.2009..
For Petitioner : Mr.S.Krishnaswamy
ORDER
Instead of taking a view in isolation, the conduct of the petitioner in toto throughout the proceedings needs to be seen in this case. This is a classic case, by which anyone could understand as to how a person viz. respondent herein, who approached the Court with a fond hope that she would get justice, has been driven from pillar to post for the past 17 years because of the attitude of the petitioner. If the faith and trust of the persons, who are approaching the court, are lost, it would lead to collapse of the judicial delivery which is not good for the society.
Issues for consideration
3 issues framed by the court
Whether a revision petition against a civil revision dismissing an application to set aside an ex parte decree should be allowed.
Whether a party claiming valid reasons for absence in ex parte proceedings should receive leniency after prolonged delay and default.
Whether the trial court correctly passed an ex parte decree after finding the petitioner deliberately delayed proceedings for over 17 years.
Parties & counsel
- petitioner
A. Murugesan
- respondent
Smt. Jamunarani
Coram
N. Kirubakaran
Case details
As recorded by the court registry
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