A. Selvam v. a. Rasu
Case brief
What is this about?
Madras High Court allowed two civil revision petitions under Section 115 CPC condoning an 81-day delay in requesting revival of a suit, set aside exparte orders, restored the suit, and directed the trial court to proceed expeditively with penalties for further adjournments.
What did the court decide?
Condonation of 81-day delay in revocation application; impugned orders set aside; suit restored; strict day-to-day hearing directives issued with cost penalties for adjournments.
What the court decided
CRP.(MD) Nos.1576 & 1577 of 2012 (NPD)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
CRP.(MD) Nos.1576 & 1577 of 2012 (NPD)
A.Selvam ... Petitioner/Petitioner/2nd Defendant in both CRPs
-vs-
- A.Rasu 2. A.Ponnadaikkan 3. V.Kuppachi 4. K.Rajarajan ... Respondents/Respondents/Plaintiffs in both CRPs
PRAYER in CRP.(MD) No.1576 of 2012: Petition is filed under Section 115 of Code of Civil Procedure to allow the Civil Revision Petition and set aside the order dated 20.04.2012 made in I.A.No.6 of 2011 in O.S.No.109 of 2009 on the file of the District Munsif-cum-Judicial Magistrate Court, Natham.
PRAYER in CRP.(MD) No.1577 of 2012: Petition is filed under Section 115 of Code of Civil Procedure to allow the Civil Revision Petition and set aside the order dated 20.04.2012 made in I.A.No.7 of 2011 in O.S.No.109 of 2009 on the file of the District Munsif-cum-Judicial Magistrate Court, Natham.
Issues for consideration
3 issues framed by the court
Whether the delay of 81 days in filing a condonation application is condonable under Section 115 CPC.
Whether orders in impugned civil revision petitions should be set aside to restore the suit.
Whether strict directions for day-to-day hearings and imposition of costs are appropriate for an aged suit.
Parties & counsel
- petitioner
A.Selvam
- respondent
A.Rasu
- respondent
A.Ponnadaikkan
- respondent
V.Kuppachi
- respondent
K.Rajarajan
Case details
As recorded by the court registry
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