The High Court dismissed a civil revision petition seeking to set aside the order rejecting an application for condonation of limitation delay of over 15 years in filing a final decree, citing lack of material proof for the given reasons.
Civil Revision Petition dismissed; connected miscellaneous petition closed; No costs awarded.
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.716 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.12.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.716 of 2024 and C.M.P(MD)No.3827 of 2024
C.Bala Dhandayuthabani
... Petitioner / 1st Defendant
Vs
Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 04.01.2024 in I.A.No.1343 of 2023 in O.S.No.213 of 2003 on the file of the Principal Subordinate Court, Thanjavur and allow the Civil Revision Petition.
For Petitioner : Mr.K.Sekar
For Respondents : No appearance
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C.R.P(MD)No.716 of 2024
ORDER
This Civil Revision Petition is filed to set aside the fair and decreetal order dated 04.01.2024 in I.A.No.1343 of 2023 in O.S.No.213 of 2003 on the file of the Principal Subordinate Court, Thanjavur and allow the Civil Revision Petition.
C.R.P(MD)No.716 of 2024
he forgot to re-present the same. Later, he stopped the practice also. He was under the impression that final decree application is pending before the Court. Mr.Karunanithi was unable to trace out the case bundle. It was finally traced out only on 24.04.2022. So there is a delay of 5483 days.
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C.R.P(MD)No.716 of 2024
that he stopped the practice. When huge delay occurred, unless there
proper reason is assigned, it cannot be condoned as a matter of course. As pointed out by the respondent the point of limitation also comes into play, when the right is vested upon the opposite party due to the long delay. It cannot be erased without any sufficient and acceptable reason. So the order passed by the trial Court does not suffer from any illegality or perversity.
16.12.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No
pnn
To
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C.R.P(MD)No.716 of 2024
G.ILANGOVAN, J.
pnn
ORDER IN C.R.P(MD)No.716 of 2024 and C.M.P(MD)No.3827 of 2024
16.12.2024
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2 issues framed by the court
Whether the condonation of delay of 5483 days in filing a final decree application can be sustained given the lack of material regarding the advocate's conduct.
Whether the trial court was justified in dismissing the petition due to unexplained delay.
1 provisions across 1 enactments
C.Bala Dhandayuthabani
City Benefit Fund (Kumbakonam) Ltd.
K.Ramamoorthy
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
