This revision petition challenged the dismissal of an application to set aside an ex-parte decree due to inordinate delay. The High Court held the petitioner failed to show sufficient cause for the delay and dismissed the revision.
Civil Revision Petition dismissed with no costs and connected miscellaneous petition closed.
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.
C.R.P(MD)No.1638 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
C.R.P(MD) No.1638 of 2019 and C.M.P(MD) No.8563 of 2019
Boominathan
...Petitioner
Vs.
Shanthi
...Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.14 of 2014 in O.S.No.72 of 2008 on the file of the Principal District Judge, Thoothukudi, dated 13.12.2018.
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For Petitioner : Mr.R.Balakrishnan
For Respondent : Mr.D.Senthil
O R D E R
Heard, Mr.R.Balakrishnan, learned counsel for the petitioner and Mr.D.Senthil, learned counsel appearing for the respondent and perused the material available on record.
O.S.No.72 of 2008 filed for specific performance. The said suit was posted to 22.04.2009 for filing the counter of the defendant as last chance and ex-parte order was passed against the defendant on 22.04.2009. Thereafter, ex-parte decree was passed on 26.06.2009. The plaintiff in the suit filed Execution Petition in E.P.No.38 of 2013. The petitioner appeared on 15.03.2013 in Execution proceedings. Thereafter, he was made ex-parte in the Execution Proceedings also by order dated 08.04.2013. On 14.09.2013, the
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petitioner filed a petition to set aside the ex-parte order passed by the Execution Court on 08.04.2013. Thereafter, on 04.10.2013, the petitioner filed a petition to set aside the ex-parte decree in the main suit passed on 26.06.2009 along with I.A.No.14 of 2014 seeking to condone the delay of 1529 days in filing the petition to set aside the ex-parte decree. On hearing both sides, the learned Trial Court dismissed the I.A.No.14 of 2014 by order dated 13.12.2018 with the costs of Rs.2,000/-. Aggrieved by the same, the present Civil Revision Petition is filed.
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is closed.
09.10.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No RM
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To
The Principal District Judge, Principal District Court, Thoothukudi.
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BATTU DEVANAND, J.
RM
C.R.P(MD) No.1638 of 2019
09.10.2023
3 issues framed by the court
Whether an inordinate delay of 1529 days in filing a petition to set aside an ex-parte decree can be condoned.
Whether the Civil Revision Petition entitled to interference under Article 226 when the Trial Court dismissed the petition for non-condupment of delay.
Whether the court below was right in dismissing the application to set aside the ex-parte decree.
Boominathan
Shanthi
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
