The High Court dismissed a Civil Revision Petition under Section 115 CPC filed in 2013 for non-prosecution. The court observed that despite referrals to a mediation centre, the petitioner failed to appear and sought continual adjournments to delay recovery proceedings.
The civil revision petition is dismissed for non-prosecution. 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 (NPD).No.4305 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.09.2021
CORAM
The Hon'ble Mr.Justice Krishnan Ramasamy
C.R.P (NPD)No.4305 of 2013
K.N.Pandian ...Revision Petitioner
vs.
1.State Bank of India,
(Agricultural Development Branch)
Villupuram.
2.Jayaraman
3.Kalaiselvi ...Respondents
(Respondents 2 and 3 are not necessary parties for this revision petition)
PRAYER:
Civil Revision Petition filed under Section 115 of the Code of Civil Procedure praying to set aside the fair order and decretal order of the learned I Additional Sub-Judge of Cuddalore dated 04.06.2013 in E.P.43 of 2002 in O.S.180 of 1986.
For Revision Petitioner : M/s.R.Gururaj - No appearance
For Respondent 1 : Mr.K.Chandrasekaran Respondents 2 and 3 : Given up
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CRP (NPD).No.4305 of 2013
O R D E R
This Civil Revision petition was filed in the year 2013. It is seen
from the endorsements made in the Order Sheet that the matter was
listed from time to time on several occasions, and that, except
adjournments, there has been no progress in the matter.
apart, it is also seen that the matter was also referred before the Tamil
Nadu Mediation and Conciliation Centre, attached to High Court, vide order, dated 28.11.2019, for settlement and since the revision petitioner
did not appear before the Mediator, the matter was again referred back to this Court.
prosecuting the case and his intention is only to drag on the matter, so
as to gain time, thereby, to prevent the respondents from initiating
recovery proceedings.
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CRP (NPD).No.4305 of 2013
prosecution. No costs.
22.09.2021
Index: Yes/No
Speaking/Non-speaking Order
mka/sd
To
1. I Additional Sub-Judge, Cuddalore.
2. State Bank of India,
(Agricultural Development Branch)
Villupuram.
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CRP (NPD).No.4305 of 2013
Krishnan Ramasamy, J., mka/sd
C.R.P (NPD)No.4305 of 2013
22.09.2021
4/4
1 issue framed by the court
Whether the civil revision petition should be dismissed for lack of active prosecution by the petitioner.
1 provisions across 1 enactments
K.N.Pandian
State Bank of India
Jayaraman
Kalaiselvi
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
