Allowed

Elanchiyam, v. Chandra

Madras HC14 Aug 2023CRP(MD)/361/2019

Case brief

AI extract

What is this about?

The Madras High Court allowed a Civil Revision Petition seeking a direction to the District Munsif to number an interim application for condonation of delay in a civil suit. The court directed the lower court to number and dispose of the application within four weeks without examining the merits of the delay.

What did the court decide?

This Civil Revision Petition is allowed. The learned District Munsif, Thiruvadanai is directed to number the said I.A.SR.No. 1388 of 2018 and dispose of it within four weeks.

Elanchiyam, Vs Chandra — Civil Procedure and Limitation | Madras HC (2023)

¶1

C.R.P.(PD) (MD)No.361 of 2019

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 14.08.2023

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

¶6

C.R.P.(PD) (MD)No.361 of 2019 and C.M.P(MD)No.1746 of 2019

¶7

Elanchiyam 2) Chithravalli

: Petitioners

Vs.

Chandra

: Respondents

PRAYER: Civil Revision Petition has been filed under Article 227 of the Constitution of India to direct the District Munsif, Thiruvadanai to number I.A.SR.No.1388 of 2018 in O.S.No.56 of 2015 on the file of the District Munsif Court, Thiruvadanai.

¶13

For Petitioners : Mr.A.Rajaram For Respondent : Mr.M.Kannan

¶14

1/5

¶15

https://www.mhc.tn.gov.in/judis

¶16

ORDER

¶17

C.R.P.(PD) (MD)No.361 of 2019

¶18

The petitioners/defendants has filed the present Civil Revision Petition seeking a direction to the learned District Munsif, Thiruvadanai to number I.A.SR.No.1388 of 2018 in O.S.No.56 of 2015.

¶19

The learned counsel for the petitioners/would submit that on 18.01.2016, the learned District Munsif, Thiruvadanai passed an exparte Judgment and Decree in O.S.No.56 of 2015. Hence, the petitioners/defendants moved an application for condonation of delay of 968 days. The trial Court, without numbering the said application, returned the same with an endorsement as follows:-

¶20

“O.S.No.56/2015 was disposed of on 18.01.2016, the same was consignment in II term 2015 D.No.624/16 dated 24.05.2016 to the Principal District Court, Ramnad and E.P. 01/2017 was pending against in O.S.56/2015. Hence, returned. Time 2 weeks.”

¶21

From the above notings, it is crystal clear that only because of the reason that all the records having been consigned to the Principal District 2/5

¶22

https://www.mhc.tn.gov.in/judis

¶23

C.R.P.(PD) (MD)No.361 of 2019

¶24

Court, Ramnad, the application seems to have been not numbered. Since the very prayer sought for before this Court is numbering of the application filed under Section 5 of the Limitation Act, this Court, without going into the merits of the matter, is inclined to allow this petition.

¶25

In the result, this Civil Revision Petition is allowed. The learned

¶26

District Munsif, Thiruvadanai is directed to number the said I.A.SR.No. 1388 of 2018 in O.S.No.56 of 2015, if it is represented within a period of four weeks from the date of receipt of a copy of this order and dispose of the

¶27

same in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

¶28

14.08.2023 NCC : Yes/No Index : Yes/No Internet : Yes skn Note :Registry is directed to return the original application I.A.SR.No.1388 of 2018, after retaining a copy of the same.

¶29

3/5

¶30

https://www.mhc.tn.gov.in/judis

¶31

C.R.P.(PD) (MD)No.361 of 2019

¶32

¶33

1.The District Munsif, Thiruvadanai.

¶34

2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

¶35

4/5

¶36

https://www.mhc.tn.gov.in/judis

¶37

C.R.P.(PD) (MD)No.361 of 2019

¶38

C.KUMARAPPAN, J.

¶39

skn

¶40

C.R.P.(PD) (MD)No.361 of 2019 and C.M.P(MD)No.1746 of 2019

¶41

14.08.2023

¶42

5/5

¶43

https://www.mhc.tn.gov.in/judis

Elanchiyam, v. Chandra

Case brief

What is this about?

What did the court decide?

Elanchiyam, v. Chandra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

L.Jaisankar Vs S.Raja

Raja, Vs Santhanakrishnan

R.Mathiyalagan Vs Ponnambalam

Maheswari Vs Chinnadurai @ Vaithialingam

A.Karpagam, Vs P.Muthulakshmi

Sangilimadathi, Vs Solomon Rajan