G.Vetrivel v. S.Kuppan
Case brief
What is this about?
In this revision under Section 115 CPC, the Court set aside the dismissal of an application to condone a 261-day delay in restoring a suit dismissed for default, applying a liberal approach.
What did the court decide?
Impugned order set aside; condonation of delay allowed subject to payment of costs of Rs. 5,000/-.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2018
CORAM
THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR
CRP.(NPD).No.970 of 2016
G.Vetrivel ..Petitioner
Vs.
S.Kuppan ..Respondent
PRAYER : Civil Revision Petition filed under Section 115 of the Code of
Civil Procedure to set aside the fair and decreetal order in I.A.No.1512
of 2013 in O.S.No.275 of 2008 on the file of the District Munsif Court,
Chengalpattu.
For petitioner : Mr.G.A.Thiyagarajan
For Respondent : Mr.A.Ramalingam
* * * * *
O R D E R
This Civil Revision Petition has been filed to set aside the fair and decreetal order in I.A.No.1512 of 2013 in O.S.No.275 of 2008 on the file of the District Munsif Court, Chengalpattu.
2
2.According to the revision petitioner, the revision petitioner has filed a suit in O.S.No.275 of 2008 on the file of the District Munsif Court at Chengalpattu for permanent injunction as against the respondent/defendant. The aforesaid suit was dismissed for default on 04.04.2012. Thereafter, the petitioner filed an Interlocutory Application in I.A.No.1512 of 2013 to condone the delay of 261 days in filing the application to restore the suit. The said application was dismissed by the Court below and therefore, the revision petitioner filed the present Civil Revision Petition before this Court.
Issues for consideration
2 issues framed by the court
Whether the delay of 261 days in filing an application to restore a suit dismissed for default should be condoned.
Whether the impugned order dismissing the application for condonation of delay should be set aside.
Parties & counsel
- petitioner
G.Vetrivel
- respondent
S.Kuppan
Coram
D. KRISHNAKUMAR
Case details
As recorded by the court registry
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