Eswari v. Sakthivel
Case brief
What is this about?
The High Court dismissed a Civil Revision Petition challenging the trial Court's refusal to condone a delay of 4980 days in setting aside an ex parte decree. Upholding the trial Court's finding that the petitioner's claim of non-service was false.
What did the court decide?
The revision petition was dismissed with no costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP NO.2701 OF 2021 AND CMP NO.19833 OF 2021
Eswari ... Petitioner
Vs
- Sakthivel Chinnappagounder (Died) 2. Rukmani ... Respondents
Prayer:
Civil Revision Petition filed under Article 227 of the Constitution of India against the Fair and Final Order dated 13.09.2021 made in I.A.No.100 of 2020 in O.S.No.216 of 1999 on the file of the District Munsif Court, Madathukulam.
The 3rd defendant in the suit in O.S.No.216 of 1999, who had suffered an exparte decree in the year 2002 is on revision. Challenging the order of the trial Court dismissing her application for condonation of delay of 4980 days in filing an application to set aside the exparte decree.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the trial Court's dismissal of the petitioner's application for condonation of delay in filing an application to set aside an ex parte decree founded on fa
Whether the trial Court correctly concluded that the petitioner's claim of non-service was false and mala fide.
Parties & counsel
- petitioner
Eswari
- respondent
Rukmani
Coram
R. Subramanian
Case details
As recorded by the court registry
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