G.Jayakodi v. Chinnusami
Case brief
What is this about?
The single judge disposed of a civil revision petition filed in Madras HC aggrieved by the Sanction of the Trial Court to condone a delay of 1363 days in filing an application for setting aside an ex parte decree order.
What did the court decide?
The Civil Revision Petition is dismissed; S.1L.C.P.NPB.No.5135 of 2023 connected is closed.
What the court decided
C.R.P.NPD.No.657 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22/6/2023
C O R A M
THE HONOURABLE Dr.JUSTICE D.NAGARJUN
Civil Revision Petition NPD No.657 of 2023
a n d C.M.P.No.5135 of 2023
- G. Jayakodi 2. G. Suresh 3. G. Ramesh ... Petitioners Vs 1. Chinnusami 2. Bakkiyam 3. Sellam 4. Vijayalakshmi ... Respondents
Prayer: Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 28/10/2022 made in I.A.No.29 of 2016 in O.S.No.338 of 2011 passed by II Additional Subordinate Judge, Salem.
For Petitioners ... Mr.K.A.Vimalkumar For respondents ... Mr.N.Manoharan for R.R.2 and 3. For R.R.1 and 4 - unclaimed - - - - -
Issues for consideration
2 issues framed by the court
Whether the Trial Court committed an error in condoning a delay of 1363 days to set aside an ex parte decree under Order 9 Rule 13 CPC.
Whether the Supreme Court's liberal interpretation of condoning delay under Section 5 of the Limitation Act applies to the present facts.
Parties & counsel
- petitioner
G. Jayakodi
- petitioner
G. Suresh
- petitioner
G. Ramesh
- respondent
Chinnusami
- respondent
Bakkiyam
- respondent
Case details
As recorded by the court registry
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