Justice R. Subramanian dismissed a Civil Revision Petition filed to set aside aHigher Court order dismissing a delay condonation application. The petition was rejected as infructuous because the petitioner had subsequently paid the entire decree amount.
Civil Revision Petition dismissed as infructuous; connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, praying to allow the Civil Revision Petition by setting aside the fair and decreetal order dated 02.08.2018 in I.A.No.5386 of 2018 in O.S.No.750 of 2012 passed by the Hon'ble XIV Assistant Judge (FAC) XVIII Assistant City Civil Court at Chennai.
For Petitioner : No appearance
For Respondent : Mr.V.Manoharan
O R D E R
This matter is taken up for hearing through VideoConferencing.
2. This Civil Revision Petition has been filed against the order dismissing the application seeking condonation of delay of 1981 days in filing an application to set aside the exparte decree dated 01.10.2012.
3. Mr.V.Manoharan, learned counsel appearing for the respondent/ decree holder would submit that the petitioner has paid the entire decree amount subsequently and nothing survives in the revision.
4. Recording the same, this Civil Revision Petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
dsa
Sub Assistant Registrar
To
The XIV Assistant Judge (FAC) XVIII Assistant, City Civil Court, Chennai.
C.R.P.No.3860 of 2018 and C.M.P.No.21505 of 2018
um(CO) rv(19/01/2021)
1 issue framed by the court
Whether a civil revision petition filed to set aside a decree-judging order is maintainable when the decree has been subsequently paid, rendering the revision infructuous.
1 provisions across 1 enactments
Petitioner
Respondent
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
