The Madurai Bench dismissed a Civil Revision Petition but reserved liberty for the petitioner to file an appeal against the impugned decree, treating the revision order's pendency as grounds for condoning appeal delay.
Civil Revision Petition dismissed with liberty to file an appeal against the decree.
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(MD).No.833 of 2014 and
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.01.2021
CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP(MD).No.833 of 2014 and M.P(MD).No. 1 of 2014
1.M. Rajendran 2.M. Durai Pandi ... Petitioners/Petitioners/ Defendants
Vs. M. Jeyamani ... Respondent/Respondent/ Plaintiff
Prayer: Civil Revision Petition filed under Section 115 CPC to set aside the Ex and fair order, dated 13.02.2014 on the file of the District Munsif Cum Judicial Magistrate, Vadipatti, passed in I.A.No.335 of 2013 in O.S.No.30 of 2009.
For petitioner : Mr. K. Guhan
For respondent : Mr. B. Sudha Sathianath
ORDER
This revision is directed against the order dismissing the application filed by the petitioner under Section 5 of the Limitation Act, seeking condonation of delay of 20 days in filing a petition to set aside the ex parte decree. The dismissal is solely on the ground that the decree is one on merits and not an ex parte decree.
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CRP(MD).No.833 of 2014 and
appeal against the decree. Needless to say that the pendency of this revision order can be invoked by the petitioner as a reason for condonation of delay in filing the appeal. No costs. Consequently, the connected Miscellaneous Petition is closed.
Assistant Registrar (AD II)
/ /2021 Sub Assistant Registrar(CS)
trp
To
The District Munsif Cum Judicial Magistrate, Vadipatti.
Copy to
The Section Officer, Vernacular Records-2 copies Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.V.Ramakrishnan, Advocate ( SR-1946[F] dated 25/01/2021 )
CRP(MD).No.833 of 2014 and M.P(MD).No. 1 of 2014 22.01.2021
KM (08.02.2021) 2P 5C
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1 issue framed by the court
Whether to allow liberty to appeal despite dismissal of the civil revision petition challenging the order dismissing an application for condonation of delay.
1 provisions across 1 enactments
M. Rajendran
M. Durai Pandi
M. Jeyamani
R. Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
