Meena v. Krishnan
Case brief
What is this about?
The Supreme Court allowed a civil revision petition to set aside an order dismissing a delay condonation application. The court condoned a 292-day delay in filing an application to set aside an ex-parte decree, conditioning the petitioner to pay a sum to the Tamilnadu Juvenile Justice Fund.
What did the court decide?
The order dismissing the application to condone delay is set aside. The 292-day delay is condoned on condition that the petitioner pays Rs. 5,000 to the Tamilnadu Juvenile Justice Fund within 30 days.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2018
CORAM
THE HONOURABLE Mr. JUSTICE M.S. RAMESH
C.R.P(N.P.D)No. 2583 of 2017
and
C.M.P.No.12294 of 2017
Meena ..Petitioner
-Vs-
1. Krishnan
2. Jayalakshmi ..Respondents
PRAYER: Civil Revision Petition filed under Section 115 of the Civil Procedure Code, 1908 praying to set aside the Fair and Decreetal Order passed in I.A.No.205 of 2015 in O.S.No.49 of 2014 dated 02.03.2017 on the file of the Principal Subordinate Judge at Puducherry by allowing the present Civil Revision Petition.
For Petitioner : Mr.R.Jayaprakash
For Respondents : No Appearance
O R D E R
The prayer sought for in the present revision is to set aside the Fair and Decreetal Order passed in I.A.No.205 of 2015 in O.S.No.49 of 2014 dated 02.03.2017 on the file of the learned Principal Subordinate Judge, Puducherry.
Issues for consideration
2 issues framed by the court
Whether the order dismissing the petition to condone delay in applying to set aside an ex-parte decree should be set aside.
Whether the petitioner's medical ailment constitutes sufficient ground to condone the 292-day delay in filing the application to set aside the ex-parte decree.
Parties & counsel
- petitioner
Meena
- respondent
Krishnan
- respondent
Jayalakshmi
Coram
Case details
As recorded by the court registry
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