Single judge disposed of a civil revision petition challenging an order allowing condonation of delay in setting aside an ex-parte maintenance decree. The judge confirmed the impugned order and dismissed the revision petition.
Civil Revision Petition dismissed with direction to trial court to dispose of the suit within three months.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2018
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
CRP(NPD).No.1151 of 2018
and CMP.No.5968 of 2018
1.N.Manjula
2.Minor Maduvanthi
3.Minor Prithivi
[Minors represented by their
Mother and next friend N.Manjula] .. Petitioners
Vs
M.Manojkumar .. Respondent
PRAYER
Civil Revision Petition filed under Article 227 of the
Constitution of India to set aside the Fair and Final order passed in
I.A.No.57 of 2017 in O.S.No.230 of 2016 dated 02.11.2017 on the file
of the Subordinate Judge, Coonoor, Nilgiris District.
For Petitioners : Mr.S.Kingston Jerold
O R D E R
The Civil Revision Petition is taken up for final disposal at the admissions stage itself.
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petitioners have filed a suit in OS.No.230 of 2016 on the file of the Subordinate Judge, Coonoor, Nilgiris District for maintenance against
the respondent herein. In the aforesaid suit, interim maintenance was granted by the trial court. Thereafter, the respondent herein did not
appear before the court below for several occasions and exparte decree
was passed by the trial court and thereafter with an intention to delay the proceedings, the respondent filed an application in IA.No.57 of 2017 to condone the delay of 99 days in filing an application to set aside the exparte decree. The said application was allowed on terms. Challenging
the aforesaid order, the revision petitioners have preferred the present Civil Revision Petition before this Court.
submit that for the delay of 99 days, the respondent has not stated any sufficient reasons in the affidavit. The revision petitioners have filed the suit for maintenance. Therefore, the respondent with an intention to drag on the proceedings has filed the instant application. Hence, the order of the court below is liable to be set aside.
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perused the materials available on record.
herein. The respondent with an intention to drag on the proceedings has
not appeared before the court below and hence, exparte decree was passed. Now, the respondent has filed the instant application to condone the delay in filing an application to set aside the exparte order. The court below has accepted the reasons stated in the affidavit and accordingly allowed the application on terms for providing opportunity to the respondent.
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Petition is dismissed with a direction to the trial court, namely the Subordinate Judge, Coonoor, Nilgiris District to dispose of the aforesaid suit in OS.No.230 of 2016 within a period of three months from the date
of receipt of a copy of this Order. Consequently, the connected
miscllaneous petition is closed. No costs.
23.03.2018
Speaking/Non-Speaking order
Index :Yes/No
Internet:Yes/No
lok
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To
The Subordinate Judge, Coonoor, Nilgiris District.
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D. KRISHNAKUMAR J.,
lok
CRP(NPD).No.1151 of 2018
and CMP.No.5968 of 2018
23.03.2018
3 issues framed by the court
Whether the civil revision petition maintainable in law to challenge the order of the trial court allowing condonation of delay in setting aside ex-parte decree?
Whether this Court should interfere with the order passed by the court below relying on the decision of N. Balakrishnan Vs. M. Krishnamurthy?
What is the outcome of the civil revision petition filed to set aside the ex-parte decree?
Colour shows how this judgement treated each authority
N. Balakrishnan Vs. M. KrishnamurthyExplained¶6
_N.Balakrishnan Vs. M.Krishnamurthy_ reported in _(1998) 7 SCC 123_ · Who else cites this
N.Manjula
Minor Maduvanthi
Minor Prithivi
M.Manojkumar
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
D. KRISHNAKUMAR
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