C.Kuppusamy v. Srinivasan
Case brief
What is this about?
Petitioner sought condonation of 1844 days' delay in filing an appeal against an ex parte decree in a partition suit. Court found address manipulation by respondents caused lack of knowledge.
What did the court decide?
Delay of 1844 days in filing appeal suit condoned; CMP allowed.
What the court decided
CMP No.5659 of 2022 in AS SR No.119434 of 2021
S.M.SUBRAMANIAM, J.
The present Civil Miscellaneous Petition is filed to condone the
delay of 1844 days in filing the Appeal Suit against the judgment and decree dated 12.06.2014 passed by the learned District Judge, Cuddalore in OS No.25 of 2014.
- The petitioner is the defendant in the suit and the respondents are the plaintiffs in the suit.
- The respondents/plaintiffs instituted a suit for partition. The
petitioner herein suffered an ex parte decree and the learned counsel for the petitioner states that the petitioner had no knowledge about the suit instituted by the respondents, who is none other than his wife and two sons.
1/4
- The grievance of the petitioner is that the plaintiffs have stated
the same address, wherein they are residing, for defendant also i.e., AEE/EE-
Issues for consideration
1 issue framed by the court
Whether the delay of 1844 days in filing an appeal suit be condoned.
Parties & counsel
- petitioner
S.M. Subramaniam
- respondent
Plaintiffs
Coram
S.M.SUBRAMANIAM
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court