This High Court bench dismissed a Civil Miscellaneous Petition seeking condonation of a 321-day delay in filing a revision petition. The court rejected the vague grounds of poverty and ill-health provided by the petitioner and quashed the revision process itself.
The revision petition and the underlying C.R.P. were dismissed and rejected; no costs.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.04.2017
CORAM :
THE HONOURABLE MR.JUSTICE DR.G.JAYACHANDRAN
C.M.P(MD) No.1733 of 2017 in C.R.P.(MD).No.SR3272 of 2017 and C.R.P.(MD).No.SR3272 of 2017
V. Irulappan ... Petitioner Vs.
Petchiammal ... Respondent
Prayer in C.M.P: Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, praying to condone the delay of 321 days in preparing this Revision Petition in I.A.No.42 of 2015 in O.S.No.188 of 2009.
Prayer in C.R.P(SR): Civil Revision Petition is filed under Section 115 of Civil Procedure Code, praying to set aside the Fair Order and Decreetal Order in I.A.No.42 of 2015 in O.S.No.188 of 2009, dated 16.10.2015 on the file of the District Munsif Court cum Judicial Magistrate, Vadipatti.
For Petitioner : No Appearance For Respondent : Mr. P.T.S. Narendravasan
ORDER
This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, praying to condone the delay of 321 days in preparing this Revision Petition in I.A.No.42 of 2015 in O.S.No.188 of 2009.
https://hcservices.ecourts.gov.in/hcservices/ 4. The facts of the case is that the suit in O.S.No.188 of 2009 filed for declaration and permanent injunction allowed on
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07.12.2010, sought to be set aside on the ground that the ex-parte decree has been granted behind the back of the Revision petitioner. In the said endeavour, the application filed to set aside the ex-parte order suffers delay of 1422 days.
Assistant Registrar(Protocol)
To
The District Munsif cum Judicial Magistrate, Vadipatti.
+One cc to Mr.PT.S.Narendravasan, Advocate, SR.No.19821 Sss/ia RL/3C/2P/MR/SAR2/26.4.2017
2 issues framed by the court
Whether the delay of 321 days in filing the revision petition can be condoned considering the vague reasons advanced.
Whether the Civil Revision Petition challenging the dismissal of the limitation condonation application deserves admission.
2 provisions across 2 enactments
Irulappan
Petchiammal
DR G Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
