Selvi v. Vasantha
Case brief
What is this about?
High Court dismissed a civil revision petition challenging the District Munsif's order condoning a delay of 641 days in filing an application to set aside an ex-parte partition decree. The court found no infirmity in the lower order despite claims of incorrect naming of the respondent's husband.
What did the court decide?
The Civil Revision Petition was dismissed. No costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2019
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
CRP (NPD)No.2670 of 2014
and
M.P. No.1 of 2014
Selvi .... Petitioner
versus
Vasantha .... Respondent
Civil Revision Petition filed under Section 115 of Civil Procedure Code against the order and decreetal order passed in I.A. No.119 of 2012 in O.S. No.229 of 2003, dated 26.04.2013 on the file of the learned District Munsif, Jayamkondam and prays for setting aside the same.
For petitioner : Mr. S. Nagarajan For respondent : Mr.C.A. Anburaja
ORDER
The instant Civil Revision Petition has been filed challenging the order dated 26.04.2013 passed by the learned District Munsif, Jayamkondam in I.A. No.119 of 2012 in O.S. No.229 of 2003.
Issues for consideration
2 issues framed by the court
Whether the impugned order allowing condonation of delay in setting aside an ex-parte final decree suffers from any infirmity warranting revision.
Whether the wrong mention of the respondent's husband's name justified the non-service of notice leading to the ex-parte decree.
Parties & counsel
- petitioner
Selvi
- respondent
Vasantha
Coram
ABDUL QUDDHOSE
Case details
As recorded by the court registry
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