Selvadurai v. Mrs. Rajendri
Case brief
What is this about?
Revision petitioner challenged findings regarding condonation of delay in a partition suit application filed ex parte against him. Court clarified that the suit requires all necessary parties and allowed the revision while condoning the delay but directed the trial judge for a six-month disposal.
What did the court decide?
The Civil Revision Petition was allowed; findings of the trial judge in I.A.No.1572 of 2011 confirmed but clarified; condonation of delay ordered; trial judge directed to dispose case within six month
What the court decided
A compact analysis
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C.R.P. No. 2633 of 2017
T.V.THAMILSELVI, J.
C.R.P. No. 2633 of 2017
This matter was taken up for hearing under the caption “For Being Mentioned” today at the instance of the learned counsel for the petitioner.
- The learned counsel for petitioner would submit that this Court by an order dated 19.09.2022 allowed the above C.R.P. and also issued direction. However, in para-6 of the order, instead of mentioning “the findings rendered by the trial judge is set aside”, it was wrongly mentioned as “confirmed”. Hence, the matter is listed today.
- Heard the contentions of learned counsel for petitioner and perused the order.
- Considering his submissions, the paragraph-6 of the order is clarified as follows:
In Para 6 at Page 4
“6. In the result, this Civil Revision Petition is allowed and the findings rendered by the trial judge in I.A.No. 1572 of 2011 is set aside. However, the suit is pending from the year of 2005, so, the trial judge is directed to dispose the case within a period of six months by giving opportunity to the contesting 2nd
Issues for consideration
3 issues framed by the court
Whether the delay in filing the application to condone the delay should be condoned?
Whether all parties are necessary parties in a partition suit for fair adjudication of rights?
Whether the findings of the trial judge denying the petition should be set aside or confirmed?
Parties & counsel
- petitioner
V.Selvadurai
- respondent
Mrs.Rajendri
- respondent
Mrs.Radha Ammal
- respondent
Mr.Badrinath
Coram
Case details
As recorded by the court registry
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