A civil revision petition was filed challenging the dismissal of an execution petition for default due to the petitioner's single non-appearance. The High Court allowed the petition, directing the lower court to restore the execution petition for disposal within three months.
Execution petition restored to the lower court's file for disposal 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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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2018
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P.(MD)No.424 of 2018 (NPD)
K.Kanthavel .. Petitioner /Petitioner / plaintiff
Vs.
1.Ramachandran
2.Chokkalingam .. Respondents /Respondents / Defendants
Petition filed under Section 115 of C.P.C., as against the fair and decreetal order dated 18.01.2018 in E.A.No.14 of 2017 in E.P.No.10 of 2005 in O.S.No.136 of 1998 by the learned District Munsif, Mudukulathur, Ramanathapuram District.
For Petitioner : K.Kanthavel (Party-in-person)
ORDER
When the matter came up for admission on 15.03.2018, the petitioner / party-in-person submitted that though he got decree in his favour and filed execution petition in the year 2005, till date the execution proceeding has not been completed. He would further submit that due to non mentioning of the next date of hearing by the Court below, he could not appear before the Court on the relevant date, but the Court below has dismissed the execution petition for default. For restoring the same, the petitioner has filed I.A.No.14 of 2017. But the Court below has dismissed the same without giving sufficient opportunity to the petitioner. As there was no particulars about the dates on which the petitioner was not appeared before the Court in the execution proceeding, this Court called for report from the Court below.
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restored, and this is the third time and therefore, the restoration petition cannot be considered. The earlier dismissal of the execution petition for default cannot be the main ground for dismissing the present petition for restoration.
Sd/Assistant Registrar(CO)
/True Copy/
Sub Assistant Registrar
To
The District Munsif, Muthukulathur,
Ramanathapuram District.
gcg
AE/SV MMS/SAR1/05.04.2018/2P/3C
27.03.2018
2 issues framed by the court
Whether an execution petition truly dismissed for default despite a single non-appearance should be restored to the court's file.
Whether the lower court could have granted another opportunity to the petitioner to appear.
1 provisions across 1 enactments
K.Kanthavel
1.Ramachandran
2.Chokkalingam
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
