The High Court dismissed a civil revision petition challenging an order that condoned delay in setting aside an ex-parte decree in a specific performance suit. The Court held that since the lower court only restored the suit for trial without deciding the merits or fraud allegations, the plaintiff was not an aggrieved party.
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.(NPD).No.1641 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2024
Coram
THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN
C.R.P.(NPD).No.1641 of 2024 & CMP.No.8713 of 2024
Barani
... Petitioner
-Versus-
Bathma (Died) Rajalakshmi
... Respondent
Civil Revision Petition under Section 115 of the Code of Civil Procedure to set aside the order dated 30.01.2024 in I.A.No.4 of 2023 made in O.S.No.217 of 2019 on the file of the Principal District Judge, Villupuram.
For Petitioner : Mr.Aditya Chandramouli
ORDER
This civil revision petition arises against the order in I.A.No.4 of 2023 in
O.S.No.217 of 2019 on the file of the Principal District Judge, Villupuram.
agreement of sale. This suit ended in an exparte decree. To condone the delay in filing an application to set aside the exparte decree, an application came to
C.R.P.(NPD).No.1641 of 2024
be filed in I.A.No.2 of 2022.
C.R.P.(NPD).No.1641 of 2024
come to a conclusion which would prejudice the case of the civil revision petitioner. All that she has done is set aside the exparte decree and restore the suit to her file. The plaintiff cannot be said to be a person who is aggrieved by such an order.
costs. Consequently, the connected miscellaneous petition is closed.
18.04.2024
nl
Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order
3 of 5
C.R.P.(NPD).No.1641 of 2024
To
The Principal District Judge, Villupuram.
C.R.P.(NPD).No.1641 of 2024
V.LAKSHMINARAYANAN, J.
nl
C.R.P.(NPD).No.1641 of 2024 & C.M.P.No.8713 of 2024
18.04.2024
1 issue framed by the court
Whether an order setting aside an ex-parte decree and restoring a suit for trial constitutes an order against which a Civil Revision Petition lies?
2 provisions across 1 enactments
Barani
Bathma (Died) Rajalakshmi
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
