Ellammal v. Saroja
Case brief
What is this about?
The High Court allowed a civil revision petition to set aside an order that condoned an inordinate delay of 1311 days for filing an application to set aside an ex-parte decree. The court held the delay wanton and willful due to lack of medical evidence or valid excuse.
What did the court decide?
The order of the trial court condoning the delay of 1311 days is set aside; the connected miscellaneous petition is closed.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 09.12.2016
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
CRP(NPD)No.1208 of 2011
and
M.P.No.1 of 2011
Ellammal .. Petitioner
Vs.
1.Saroja
2.Murugan
3.Sivakumar .. Respondents
Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the Order and Decreetal order dated 07.02.2011 passed by the Principal District Munsif/Judicial Magistrate No.1, Cheyyar, Thiruvannamalai District in I.A.No.289 of 2008 in O.S.No.203 of 2004 and prays that the same may kindly be set aside.
2
For Petitioner : Mr.K.G.Senthil Kumar
For Respondents : Mr.P.Mani
Issues for consideration
3 issues framed by the court
Whether an inordinate delay of 1311 days in filing an application under Section 5 of the Limitation Act could be condoned without cogent reasons?
Whether the High Court should set aside the lower court's order allowing such excessive delay in a partition suit?
Whether the respondents' reasons of illness and lack of counsel communication were sufficient to excuse the delay?
Parties & counsel
- petitioner
Ellammal
- respondent
Saroja
- respondent
Murugan
- respondent
Sivakumar
Coram
Case details
As recorded by the court registry
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