Allowed

Johnson (Since Deceased) v. Ruckmani

Madras HC5 Oct 2021CMP/8515/2021

Case brief

AI extract

What is this about?

This court allowed a civil miscellaneous petition seeking condonation of a 37-day delay in filing a civil revision petition. The delay was excused on the ground of the prevailing pandemic situation preventing preparation of the petition. The petition was allowed, and the registry was directed to number the revision petition.

What did the court decide?

Condonation of a 37-day delay in filing the Civil Revision Petition allowed with direction to number the petition.

Johnson (Since Deceased) Vs Ruckmani — Civil Procedure and Limitation | Madras HC (2021)

¶1

C.M.P. No.8515 of 2021 in C.R.P. SR.No.7017 of 2021

¶2

C.M.P. No.8515 of 2021 in C.R.P.SR.No.7017 of 2021

¶3

G.CHANDRASEKHARAN, J.

¶4

This Civil Miscellaneous Petition is filed for condoning the

¶5

delay of 37 days in filing the Civil Revision Petition.

¶6

2. The learned counsel for the petitioners submitted that,

¶7

the ex parte decree was passed against the first petitioner's husband in

¶8

O.S.No.84 of 2018 on 02.01.2019. I.A.No.1 of 2019 was filed for

¶9

condoning the delay of 130 days in filing the petition to set aside the

¶10

ex parte order. Conditional order was passed and the petitioner was not able

¶11

to comply with the condition, therefore, I.A.No.1 of 2019 was dismissed.

¶12

Against the said order, he preferred this Civil Revision Petition.

¶13

3. Due to corona, the Civil Revision Petition could not be

¶14

filed in time. There is a delay of 37 days in filing the Civil Revision Petition, therefore, the learned counsel for the petitioners prayed for condoning the delay for giving them an opportunity to contest the suit.

¶15

There is no representation for the respondent on 28.09.2021 and today. This

¶16

1/3

¶17

https://www.mhc.tn.gov.in/judis/

¶18

C.M.P. No.8515 of 2021 in C.R.P. SR.No.7017 of 2021

¶19

petition is filed only to condone the delay of 37 days in filing the Civil

¶20

Revision Petition.

¶21

4. Considering the reasons stated by the learned counsel for

¶22

the petitioners that, the petition could not be prepared because of the
prevailing pandemic situation, this Court is inclined to condone the delay of
37 days in filing the Civil Revision Petition.
5. Accordingly, this Civil Miscellaneous Petition is
allowed.
6. Registry is directed to number the Civil Revision
Petition, if it is otherwise in order.
05.10.2021
psa / sri
2/3

¶23

https://www.mhc.tn.gov.in/judis/

¶24

C.M.P. No.8515 of 2021 in C.R.P. SR.No.7017 of 2021

¶25

G.CHANDRASEKHARAN, J.

¶26

psa / sri

¶27

C.M.P. No.8515 of 2021
in C.R.P.SR.No.7017 of 2021
05.10.2021

¶28

3/3

¶29

https://www.mhc.tn.gov.in/judis/

Johnson (Since Deceased) v. Ruckmani

Case brief

What is this about?

What did the court decide?

Johnson (Since Deceased) v. Ruckmani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Settu Vs Elumalai

S.Muniyammal Vs S.Gowrammal

K.Santhan @Sangameswaran Vs S.Kavitha @Yasodha

V.Janagi Vs K.M.Krishnacharan

M/S.Sri Venkateswara Textiles Vs Poowins Garments

P.Thangavel Vs R.Rengaraj