R.Raghupathi v. S.Selvam
Case brief
What is this about?
The court set aside a trial court order rejecting an application to condone delay due to lack of medical records, as records were later proved to show genuine infirmity, imposing exemplary cost on the petitioner.
What did the court decide?
The order dated 23.04.2015 is set aside; petitioner directed to pay Rs.10,000 exemplary cost to respondents within two weeks. Petitioner must file proof of payment.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :05.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
C.R.P. (NPD) No. 2719 of 2015
and
M.P. No. 1 of 2015
R.Raghupathi ...Petitioner
Vs
1. S.Selvam
2. Santhakumar
3. The Sub Registrar,
Redhills, Ponneri Taluk. ...Respondents
Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the fair and decretal order dated 23.04.2015 made in I.A.No.41 of 2015 in O.S.No.105 of 2011 on the file of the learned III Additional District Judge, Thiruvallur at Poonamallee.
For Petitioner : Mr.M.Velmurugan For Respondents : Mr.Ashok Menon for R1 No Appearance for R2 and R3
2
O R D E R
Issues for consideration
1 issue framed by the court
Whether the delay in condoning the limitation period under Section 115 CPC can be set aside when medical records are produced belatedly before the revision court.
Parties & counsel
- petitioner
R.Raghupathi
- respondent
S.Selvam
- respondent
Santhakumar
- respondent
The Sub Registrar, Redhills, Ponneri Taluk
Coram
Case details
As recorded by the court registry
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