Periyannan v. Tamilmaran
Case brief
What is this about?
High Court of Madras dismissed a Civil Revision Petition filed to quash an order setting aside an ex parte default judgment, holding that applications in pending suits are not barred by Article 137 limitation.
What did the court decide?
Civil Revision Petition dismissed; connected Miscellaneous Petition closed. No costs.
What the court decided
C.R.P.(PD).No.259 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.R.P.(PD).No.259 of 2017
and
C.M.P.No.1140 of 2017
Periyannan .. Petitioner
Vs.
1.Tamilmaran
2.Selvi .. Respondents
Prayer : This Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 10.09.2015 made in I.A.No.557 of 2015 in O.S.No.10 of 2007 on the file of the Principal Sub Court, Villupuram.
For Petitioner : Mr.Prabhakaran for Mr.R.Balakrishnan For R1 : Mr.C.Prabakaran For R2 : Not ready in notice
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C.R.P.(PD).No.259 of 2017
Issues for consideration
2 issues framed by the court
Whether an application filed by a party in a pending suit is barred by limitation under Article 137 of the Limitation Act.
Whether the Civil Revision Petition against the order setting aside an ex parte order deserves to be allowed.
Parties & counsel
- petitioner
Periyannan
- respondent
Tamilmaran
- respondent
Selvi
Coram
Case details
As recorded by the court registry
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