Shanthi v. M.Selvaraj
Case brief
What is this about?
Single Bench Justice R.M.Teekaa Raman dismissed the Civil Revision Petition challenging the dismissal of a condonation petition. The court held there was no positive averment explaining the 1202-day delay in filing an appeal to set aside an ex-parte decree.
What did the court decide?
The impugned order dismissing the condonation petition was confirmed; no costs; connected Miscellaneous Petition closed.
What the court decided
CRP.(NPD).No.4316 of 2010 and MP.No.1 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.02.2020
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
CRP.(NPD).No.4316 of 2010
and
MP.No.1 of 2010
1.Shanthi
2.S.Ravindran ..Petitioners/
Defendants 2 & 3
Vs.
1.M.Selvaraj ..1 st Respondent/
Plaintiff
2.V.Veerasekar ..2 nd Respondent/
1 st Defendant
PRAYER : This Civil Revision Petition has been filed under Section 115 of CPC, against the fair and decreetal order dated 10.08.2010 in dismissing CMP.No.953 of 2009, filed under Section 5 of Limitation Act to condone the delay in filing the appeal in A.S.SR.No.33230 of 2009, on the file of the learned Principal Judge, City Civil Court, Chennai.
For Petitioners : No appearance For R1 & R2 : Not ready in notice
O R D E R
This Civil Revision Petition has been filed against the order
Issues for consideration
2 issues framed by the court
Whether the delay of 1202 days in filing an appeal to set-aside an ex-parte decree can be condoned.
Whether sufficient cause exists to exonerate the delay under Section 5 of the Limitation Act.
Parties & counsel
- petitioner
Shanthi
- petitioner
S.Ravindran
- respondent
M.Selvaraj
- respondent
V.Veerasekar
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court