V.Perumal v. Mohamed Ali
Case brief
What is this about?
The High Court set aside a non-speaking ex-parte decree in a specific performance suit because it failed to examine statutory requirements regarding plaintiff's readiness and willingness. The court remanded the matter for regular procedure.
What did the court decide?
Judgment and decree dated 31.10.2012 in O.S.No.15 of 2010 and interim order dated 13.11.2019 set aside. Defendants given opportunity to file written statement within two weeks. Suit to be disposed of
What the court decided
C.R.P.(NPD) (MD) No.1054 of 2021 & C.R.P.(PD) (MD) No.1301 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021 CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(NPD) (MD) No.1054 of 2021 & C.R.P.(PD) (MD) No.1301 of 2021 and
C.M.P.(MD) Nos.6138 & 7512 of 2021 and Caveat No.2235 of 2019
C.R.P.(NPD) (MD) No.1054 of 2021 :-
1.V.Perumal 2.V.Selvaraj 3.Saraswathi .. Petitioners / Petitioners / 2 to 4 defendants
-vs-
Mohamed Ali .. Respondent / Respondent / Plaintiff
Prayer :- Petition filed under Section 115 of Code of Civil Procedure against the decretal and fair order made in I.A.No.02 of 2019 in O.S.No.15 of 2010 on the file of the I Additional District Judge (PCR), Trichy dated 13.11.2019.
For Petitioners : Mr.R.L.Dhilipan Pandian For Respondent : Mr.V.Karuna
C.R.P.(PD) (MD) No.1301 of 2021 :-
Issues for consideration
2 issues framed by the court
Whether a non-speaking ex-parte decree in a suit for specific performance violating mandatory provisions of Section 16(c) of the Specific Relief Act, 1963 constitutes a valid judgment under Order XXXI
Whether the High Court can exercise jurisdiction under Section 115 CPC and Article 227 to set aside a mechanically framed ex-parte decree.
Parties & counsel
- petitioner
V. Perumal & Ors.
- petitioner
V. Selvaraj & Ors.
- petitioner
Saraswathi
- respondent
Mohamed Ali
- petitioner
V. Jaya
- respondent
Case details
As recorded by the court registry
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