Plaintiffs in a partition suit challenged the trial court's rejection of their application to set aside the dismissal of the suit for default. The High Court granted one more opportunity, subject to costs paid to respondents, and allowed the revision.
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.862 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.12.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)No.862 of 2020
1.Thiresammal
2.Nirmaladevi ... Petitioners / Plaintiffs
Vs
1.P.J.H.Aprajithan 2.P.Michil Jeevasan
3.State Bank of India, represented by its Manager, Amman Sannathi, Tenkasi Kasba,
Tenkasi Taluk.
4.Rajendran ... Respondents / Defendants
Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 25.02.2020 passed in I.A.No.249 of 2018 in O.S.No.173 of 2010 on the file of the Principal Sub Court, Tenkasi and to allow the present Civil Revision Petition.
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For Petitioner : Mr.S.P.Maharajan For R1 : Mr.B.Anandan For R3 : Mr.M.Kannan For R2 and R4 : No appearance
C.R.P(MD)No.862 of 2020
ORDER
This Civil Revision Petition is filed to set aside the fair and decreetal order dated 25.02.2020 passed in I.A.No.249 of 2018 in O.S.No.173 of 2010 on the file of the Principal Sub Court, Tenkasi and to allow the present Civil Revision Petition.
C.R.P(MD)No.862 of 2020
order came to his notice only after December-15. That was not resisted by the respondent but however the trial Court found that no proper reason is assigned and even the reason assigned is not supported by any
evidence. Against which this Civil Revision Petition is preferred.
opportunity may be given to the petitioners to argue the matter. For the inconvenience caused to the respondents, the petitioners were directed to pay a sum of Rs.2,000/- (Rupees Two Thousand only), on or before 09.12.2024. Since the order of this Court was complied by the petitioner, this Court is inclined to allow these Civil Revision Petition.
and decreetal order dated 25.02.2020 passed in I.A.No.249 of 2018 in
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C.R.P(MD)No.862 of 2020
O.S.No.173 of 2010 on the file of the Principal Sub Court, Tenkasi, is set
aside. No costs.
NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn
09.12.2024
To
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C.R.P(MD)No.862 of 2020
G.ILANGOVAN, J.
pnn
ORDER IN
C.R.P(MD)No.862 of 2020
09.12.2024
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1 issue framed by the court
Should the dismissal of the suit for default be set aside to give plaintiffs another opportunity despite lack of evidence for their absence?
1 provisions across 1 enactments
Thiresammal
Nirmaladevi
P.J.H.Aprajithan
P.Michil Jeevasan
State Bank of India, represented by its Manager, Amman Sannathi, Tenkasi Kasba, Tenkasi Taluk
Rajendran
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
