Suseela v. C.Sirajudeen
Case brief
What is this about?
Revision petition dismissed rejecting contention that acquittal in separate criminal case justifies condonation of delay regarding ex parte decree; condition to deposit 1/3rd decree amount affirmed appropriate due to protracted proceedings.
What did the court decide?
Civil Revision Petition dismissed; petitioner permitted to comply with deposit condition within four weeks.
What the court decided
C.R.P.(NPD)No.3396 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2019
CORAM:
THE HON'BLE Mr. JUSTICE R.PONGIAPPAN
Civil R evision Petition (NPD) No.3396 of 2019
and
CMP No.22258 of 2019
S.Suseela .. Petitioner
Vs
C.Sirajudeen .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Fair and Decreetal order dated 02.04.2019 made in I.A.No.800 of 2014 in O.S.No.44 of 2010 on the file of Subordinate Court, Pollachi.
For Petitioner : Mr.R.Nandhakumar
O R D E R
Aggrieved over the order dated 02.04.2019 passed in IA No.800 of
2014 in OS No.44 of 2010, on the file of the learned Subordinate Judge,
Pollachi, the petitioner herein, who is the defendant in the said suit has filed this Civil Revision Petition.
Issues for consideration
2 issues framed by the court
Whether an order allowing a condonation of delay on the condition of depositing 1/3rd of the decree amount is a fit subject for revision.
Whether acquittal in a criminal case is a ground to condone the delay in setting aside an ex parte decree in a civil suit based on a promissory note.
Parties & counsel
- petitioner
S. Suseela
- respondent
C. Sirajudeen
Coram
R.-Pongiappan
Case details
As recorded by the court registry
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