Santhi v. Palaniammal
Case brief
What is this about?
The High Court dismissed a civil revision petition challenging a fresh preliminary decree passed after deaths altered share distributions. The court rejected arguments regarding delay in filing an application to set aside an earlier ex-parte order.
What did the court decide?
The Civil Revision Petition is dismissed; no costs awarded.
What the court decided
CRP.(NPD).No.2954 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders Reserved on : 10.02.2020
Pronounced on : 14.02.2020
CORAM :
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CRP.(NPD).No.2954 of 2013
and
MP.No.1 of 2013
Santhi ... Petitioner
Versus
1.Palaniammal
2.Palanisamy (deceased)
3.Venkatesh (deceased)
4.Muthupillai
5.Pavayee ... Respondents
Civil Revision Petition filed under Section 115 of Code of Civil Procedure, against the order dated 04.07.2012 passed in I.A.No.1436 of 2011 in O.S.No.240 of 2002 on the file of the District Munsif Court, Sankari. For petitioner : Mr.C.Kulanthaivel For Respondents : Mr. N. Monakaran (for R1 & R4) : Died – R2 & R3
ORDER
Heard both sides and perused the materials available on records.
2.The suit was instituted by the first respondent for partition seeking
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the Trial Court's order passing a fresh preliminary decree due to the death of legal heirs altering the share distribution.
Whether the delay of 1995 days in filing an application under Order IX Rule 9 CPC to set aside an ex-parte order vitiates the Trial Court's subsequent order.
Parties & counsel
- petitioner
Santhi
- respondent
Palaniammal
- respondent
Palanisamy
- respondent
Venkatesh
- respondent
Muthupillai
- respondent
Case details
As recorded by the court registry
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