Allowed

K. Purusothaman v. P.V. Devan

Madras HC3 Jan 2025CMP/22290/2024

Case brief

AI extract

What is this about?

Civil Miscellaneous Petition filed under Section 5 of the Limitation Act seeking condonation of a 210-day delay in filing a petition to set aside an ex-parte order in a Second Appeal. The respondents did not object to hearing the Second Appeal on merits. The petition was allowed to facilitate the hearing of the Second Appeal.

What did the court decide?

Delay of 210 days condoned; petition to set aside ex-parte order allowed to facilitate hearing of Second Appeal on merits.

K. Purusothaman Vs P.V. Devan — Civil Procedure and Limitation | Madras HC (2025)

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C.M.P.No.22290 of 2024 in S.A.No.635 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Order reserved on : 15.11.2024 Order pronounced on : 03.01.2025

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CORAM

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THE HON'BLE MR. JUSTICE P.B.BALAJI

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C.M.P.No.22290 of 2024 in S.A.No.635 of 2019

K.Purusothaman

..Petitioner

Vs.

1.P.V.Devan

2.Uma 3.P.Kavitha

..Respondents

Prayer: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 210 days in filing the petition to set aside the exparte order passed in S.A.No.635 of 2019 dated 31.01.2024 on the file of this Court.

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For Petitioner : Mr.A.Ramesh for Mr.R.Sankarasubbu For Respondents : Mr.R.Subramanian

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ORDER

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It is an application to condone the delay of 210 days in filing the petition

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to set aside the ex-parte order passed in S.A.No.635 of 2019 dated 31.01.2024.

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

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C.M.P.No.22290 of 2024 in S.A.No.635 of 2019

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2.Though the judgment was delivered on merits and it is not an ex-parte judgment as claimed by the learned counsel for the petitioner, Mr.R.Subramanian, learned counsel for the respondents has no objection for the the learned counsel for the petitioner making his submissions in the second appeal and after hearing the arguments, the second appeal could be decided afresh.

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3.In view of the fair concession shown by the learned counsel for the respondents and with a view to afford an opportunity to the learned counsel for the petitioner to advance his arguments, the above Civil Miscellaneous Petition is allowed. Registry may formally number the application to set aside the judgment in S.A.No.635 of 2019 dated 31.01.2024. As the learned counsel have already advanced their arguments in the second appeal, judgment is reserved.

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03.01.2025 (1/2) Speaking/Non-speaking order Index : Yes/No ata

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

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C.M.P.No.22290 of 2024 in S.A.No.635 of 2019

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P.B.BALAJI.J,

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ata

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C.M.P.No.22290 of 2024 in S.A.No.635 of 2019

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03.01.2025 (1/2)

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

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K. Purusothaman v. P.V. Devan

Case brief

What is this about?

What did the court decide?

K. Purusothaman v. P.V. Devan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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