Karumanan v. Periyasamy
Case brief
What is this about?
A civil revision petition challenging the dismissal of an application to condone a significant delay in seeking to set aside an ex parte decree. The High Court allowed the revision on terms of depositing the decree amount and costs.
What did the court decide?
The impugned order dismissing the petition to condone delay is set aside on conditions of depositing the decree amount and Rs. 7,500 costs.
What the court decided
C.R.P.(NPD)No.4128 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD)No.4128 of 2018
and C.M.P.No.22730 of 2018
Karumanan ... Petitioner
Vs.
Periyasamy ... Respondent
Prayer :- Civil Revision Petition is filed under Section 115 of CPC., to set
aside the fair and decreetal order dated 18.09.2018 made in I.A.No.720 of
2017 in O.S.No.390 of 2004 on the file of Additional Subordinate Court,
Namakkal.
For Petitioner : Mr.R.Prabakar
For Respondent : Mr.S.Saravanan
ORDER
The Civil Revision Petition is directed as against the fair and decreetal order dated 18.09.2018 passed by the learned Additional Subordinate Judge, Namakkal, in I.A.No.720 of 2017 in O.S.No.390 of 2004, thereby dismissing the petition to condone the delay in filing the petition to set aside the exparte decree.
Page 1 of 6
C.R.P.(NPD)No.4128 of 2018
- The petitioner is the defendant and the respondent is the
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to condone a delay exceeding two years in filing a revision to set aside an ex parte decree?
Whether the order of the additional subordinate judge dismissing the petition to condone delay should be set aside?
Parties & counsel
- petitioner
Karumanan
- respondent
Periyasamy
Coram
G.K.ILANTHIRAIYAN
Case details
As recorded by the court registry
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