P. Subramanian v. Raja
Case brief
What is this about?
The Madras High Court allowed a civil revision petition against an order dismissing an application to set aside an ex parte decree in a motor accident claim case.
What did the court decide?
The order dated 08.12.2011 in M.A.C.O.P.No.63 of 2005 is set aside; delay condoned.
What the court decided
C.R.P.(MD).No.2487 of 2011(NPD)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2019 CORAM
THE HONOURABLE MS. JUSTICE P.T.ASHA
C.R.P.(MD).No.2487 of 2011(NPD) and M.P.(MD).No.1 of 2011
P.Subramanian ... Petitioner/Petitioner/3rd Respondent
Vs.
Raja ... Respondent/Respondent/Petitioner
PRAYER: Civil Revision Petition filed under Article 115 of the Constitution of India, against the order dated 08.12.2011 made in I.A.No.1007 of 2011 in M.A.C.O.P.No.63 of 2005 on the file of the Motor Accident Claims Tribunal (FTC-I) Thoothukudi.
For Petitioner : Mr.S.C.Herold Singh For Respondent : No appearance
ORDER
This Civil Revision petition is filed challenging the order dated 08.12.2011, passed by the Motor Accident Claims Tribunal (FTCI) Thoothukudi, in I.A.No.1007 of 2011 in M.A.C.O.P.No.63 of 2005.
Issues for consideration
3 issues framed by the court
Whether the delay of 1312 days in setting aside an ex parte decree should be condoned.
Whether the entire liability wrongly placed on the third respondent involved collusion between the drivers.
Whether the lower Tribunal erred in not recording sufficient reasons for passing the ex parte order.
Parties & counsel
- petitioner
P.Subramanian
- respondent
Raja
Coram
P.T. Asha
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court