Raju v. Pavayee
Case brief
What is this about?
Civil Revision Petition challenging the dismissal of an application to condone a 2208-day delay in setting aside an ex parte decree in a private suit for specific performance. The High Court found no infirmity in the lower court orders.
What did the court decide?
Dismissing the Civil Revision Petition with no costs and closing the connected Miscellaneous Petition.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.02.2019
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
C.R.P.(NPD).No.3772 of 2017
and
C.M.P.No.17568 of 2017
Raju ...Petitioner
Vs
Pavayee ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of
Constitution of India, to set aside the fair and decretal order
dated 19.08.2017 made in I.A.No.1666 of 2016 in O.S.No.36 of
2010 on the file of the learned I Additional District Munsif,
Bhavani.
For Petitioner : Mr.N.Manokaran
2
ORDER
The above Civil Revision Petition is filed challenging the order passed by the learned I Additional District Munsif, Bhavani, in I.A.No.1666 of 2016 in O.S.No.36 of 2010 in and by which, the application filed by the revision petitioner for condoning the delay of 2208 days was dismissed.
Issues for consideration
2 issues framed by the court
Whether sufficient cause was shown for condoning a delay of 2208 days in filing an application to set aside an ex parte decree under Order IX Rule 13 CPC.
Whether the lower court's dismissal of the condonation application calling for demonstration of sufficient cause was legally infirm.
Parties & counsel
- petitioner
Raju
- respondent
Pavayee
Coram
P.T. ASHA
Case details
As recorded by the court registry
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