The High Court dismissed a Civil Revision Petition challenging an order that rejected an application to condone a 451-day delay in setting aside an ex-parte decree. The High Court found no sufficient cause for the delay and upheld the lower court's order.
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.4567 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.4567 of 2017
and
CMP.No.21540 of 2017
1. S.Meganathan
2. M.Mathivanan ..Petitioners
Vs.
B.Srinivasan ..Respondent
PRAYER: The Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, praying to set aside the fair and decretal order dated 06.11.2017 made in I.A.No.525 of 2015 in M.C.O.P.No.105 of 2010, on the file of the Subordinate Court, Gudiyattam, Vellore District and to allow the above Civil Revision Petition.
For Petitioners : Mr.C.Prabakaran For Respondent : Mr.N.Manokaran ORDER
This Civil Revision Petition is directed as against the fair and decretal
order passed in I.A.No.525 of 2015 in M.C.O.P.No.105 of 2010 dated
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CRP.NPD.No.4567 of 2017
06.11.2017 on the file of the the Subordinate Court, Gudiyattam, Vellore District, thereby, dismissing the petition to condone the delay in filing the application to set aside the ex-parte decree.
respondent herein. The respondent filed a claim petition before the Motor Accident Claims Tribunal for the grievous injuries sustained by him. While injured was walking on the mud road, the second petitioner had driven first petitioner's Motor Cycle in a rash and negligent manner and hit against the injured. Therefore, he sustained fractures on his both legs and grievous injuries all over the body and also sustained multiple injuries. Immediately, he was taken to the hospital and he was admitted as in-patient and had taken treatment for 10 days. Therefore, he filed a claim petition claiming a sum of Rs.5,00,000/- as against the petitioners herein. Though notice was served on
the petitioner and engaged, they failed to appear before the Motor Accident
Claims Tribunal and also failed to file any counter to the Claim Petition.
and marked as Exs.P.1 to P9. Though the petitioners were set ex-parte, the
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CRP.NPD.No.4567 of 2017
Motor Accident Claims Tribunal considered the evidence on record and also materials produced in support of the claim by the respondent herein and awarded a sum of Rs.1,01,484/- payable by the petitioners herein. Thereafter, the respondent filed an Execution Petition and on the Execution Petition, notice was served on the petitioners. Only on the receipt of the notice in the Execution Petition, the petitioners have come forward with the petition to set aside the ex-parte decree with a delay of 451 days in filing the application to set aside the ex-parte decree.
to set aside the ex-parte decree with a delay of 451 days. Therefore, admittedly, no sufficient reasons stated in the affidavit of the condone delay petition. Therefore, this Court finds no irregularity or infirmity in the order passed by the Court below.
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CRP.NPD.No.4567 of 2017
G.K.ILANTHIRAIYAN,J.
Kv
Consequently, the connected Miscellaneous Petition is closed. No costs.
11.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
The Subordinate Court, Gudiyattam, Vellore District.
CRP.NPD.No.4567 of 2017
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2 issues framed by the court
Whether sufficient cause was shown to condone the delay of 451 days in filing an application to set aside an ex-parte decree.
Whether the fair and decretal order dismissing the application to condone delay is liable to be set aside in revision.
1 provisions across 1 enactments
S.Meganathan
M.Mathivanan
B.Srinivasan
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
