The High Court dismissed a Civil Revision petition challenging an order that condoned a 290-day delay in filing an application to set aside an ex parte decree. The court found no material irregularity or illegality warranting interference.
The Civil Revision petition was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP (PD) No.2669 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP (PD) No.2669 of 2021 and CMP No.19660 of 2021
Ranganayaki ... Petitioner
Vs
... Respondents
Prayer: The Civil Revision petition filed under Article 227 of Constitution of India, against the fair and decreetal order, dated 04.09.2021 made in IA
No.534 of 2016 in O.S.No.168 of 2016 on the file of the District Munsif, Dharmapuri.
For Petitioner : Mr.V.R.Annagandhi
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CRP (PD) No.2669 of 2021
O R D E R
The challenge in this revision is to an order of the learned District
Munsif, Dharmapuri made in IA No.534 of 2018 in O.S.No.168 of 2016, an application seeking condonation of delay of 290 days in filing the application seeking to set aside the exparte decree.
sometime. When he met his counsel in June 2018 after recovery, he was informed that the suit was decreed exparte on 18.08.2017. The application was resisted on the ground that the defendants as plaintiffs were prosecuting the suit filed by them in O.S.No.179 of 2016 and that the reason assigned in the affidavit is not true.
CRP (PD) No.2669 of 2021
Therefore, I do not find any material irregularity or illegality in the order of the trial Court to enable interference. The Revision therefore fails and it is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed.
06.12.2021
vum Index: Yes/No Speaking order / Non speaking order
To: The District Munsif, Dharmapuri.
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CRP (PD) No.2669 of 2021
R.SUBRAMANIAN, J.
vum
CRP (PD) No.2669 of 2021 and CMP No.19660 of 2021
06.12.2021
4/4
1 issue framed by the court
Whether the High Court should interfere with the District Munsif's order condoning delay, as the petitioner claimed material irregularity or illegality therein.
Ranganayaki
Krishnan
Muruganantham
Ganeshbabu
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
