The High Court dismissed Civil Revision Petitions challenging the Trial Court's order condoning a delay to set aside an ex parte decree in a property dispute, finding no error or irregularity in the Trial Court's decision.
Civil Revision Petitions dismissed; connected miscellaneous petition closed; no costs to anyone.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2015
CORAM
THE HONOURABLE THIRU JUSTICE M. DURAISWAMY
C.R.P.(NPD)Nos.4582 & 4583 of 2015 &
M.P.No.1 of 2015 in
C.R.P.(NPD)No.4582 of 2015
Muthu Manicka Nadar Trust Chidambaram rep. By its Trustee T.C.Muthuraj S/o.r.Thillai Chidambara Nagar No.17, Muthumanicka Nadar street Chidambaram ... Petitioner in both CRPs
v.
1.Sethu Ammal 2.Velayutham 3.Gandhimathi 4.Ramasamy 5.Vembu 6.Nedunchezhian 7.Durai @ Kaliyamoorthi 8.Meganathan ... Respondents in both CRPs
C.R.P.(NPD)No.4582 of 2014 filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 06.10.2015 in I.A.No.461 of 2014 in O.S.No.274 of 2012 on the file of the Additional District Munsif, Chidambaram.
2
C.R.P.(NPD)No.4583 of 2014 filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 13.10.2015 in I.A.No.461 of 2014 in O.S.No.274 of 2012 on the file of the Additional District Munsif, Chidambaram.
For Petitioner : Ms.R.Meenal
COMMON ORDER
Challenging the orders passed in I.A.No.461 of 2014 in O.S.No.274 of 2012 on the file of the Additional District Munsif, Chidambaram, the plaintiff has filed the above Civil Revision Petitions.
3
hence, they were set exparte and an exparte decree was passed. Further, the defendants have stated that they came to know about the exparte decree passed in the suit at a later point of time, therefore, there is a delay of 135 days in filing the application to set aside the exparte decree.
4
the delay and in the interest of justice, the defendants should be given an opportunity to contest the suit on merits, the Trial Court has rightly allowed the application on payment of cost.
Index : Yes/No
15.12.2015
Rj
To
The Additional District Munsif Court Chidambaram.
5
M. DURAISWAMY,J.,
Rj
C.R.P.(NPD)Nos.4582 & 4583 of 2015 & M.P.No.1 of 2015 in C.R.P.(NPD)No.4582 of 2015
15.12.2015
3 issues framed by the court
Whether the Trial Court committed any error in condoning the delay and allowing the application to set aside the ex parte decree.
Whether the Civil Revision Petitions filed to set aside the orders of the Trial Court are maintainable.
Whether the defendants satisfactorily explained the reasons for the delay in filing the application to set aside the ex parte decree.
Muthu Manicka Nadar Trust Chidambaram rep. By its Trustee T.C.Muthuraj
Sethu Ammal
Velayutham
Gandhimathi
Ramasamy
Vembu
M. DUR AISWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
