Sivagami v. Mythili
Case brief
What is this about?
The High Court set aside the order dismissing a petition to condone delay in filing a written statement in a specific performance suit. It directed the learned District Judge to receive the statement and proceed on merits, holding that sickness was a sufficient reason for default.
What did the court decide?
Set aside the order passed in I.A.No.150 of 2018; directed the Additional District Judge, Dharmapuri to receive written statement and proceed on merits.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM :
THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P.No.4179 of 2019 and C.M.P.No.27201 of 2019
Sivagami ...Petitioner/Defendant
Vs
Mythili
...Respondent/Plaintiff
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decreetal order dated 18.11.2019 passed in I.A.No.150 of 2018 in O.S.No.33 of 2018 on the file of the Additional District Judge, Dharmapuri.
For Petitioner : Mr.V.Sakkarapani.
For Respondent : No appearance.
Issues for consideration
3 issues framed by the court
Whether a sick petitioner appearing in a specific performance suit should be given opportunity to file written statement after default.
Whether the High Court under Article 227 can set aside the lower court order dismissing a petition to condone delay in filing written statement.
Whether the reason of illness (viral fever) is sufficient ground to condone failure to file written statement.
Parties & counsel
- petitioner
Sivagami
- respondent
Mythili
Coram
G. Chandrasekharan
Case details
As recorded by the court registry
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