Syam Manohar v. R.Mala
Case brief
What is this about?
Revision filed under Article 227 challenging dismissal of an application under Order 9 Rule 13 CPC to set aside an ex parte decree. Court held that since delay was previously condoned, trial court could not dismiss the application on technical grounds again.
What did the court decide?
Impugned order dated 07.06.2018 set aside; Trial Court directed to dispose of suit on merits.
What the court decided
CRP.No.1983 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 13.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
CRP.No.1983 of 2022
1.Syed Manohar 2.Pradeep Kumar
... Petitioners
Versus
R.Mala
... Respondent
PRAYER : Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 07-06-2018 in I.A.No.1753 of 2015 in O.S.No.92 of 2012 passed by the Learned District Munsif, Ambattur.
For petitioner : Mr.M.Radhakrishnan
Issues for consideration
2 issues framed by the court
Whether the High Court can interfere under Article 227 of the Constitution of India against the dismissal of an application under Order 9 Rule 13 of CPC.
Whether setting aside an ex parte decree and refusing to condone delay amounts to non-application of mind by the trial court when delay was already condoned.
Parties & counsel
- petitioner
Syed Manohar
- petitioner
Pradeep Kumar
- respondent
R.Mala
Coram
Case details
As recorded by the court registry
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