K.Gopinath v. D.Saraswathi
Case brief
What is this about?
Keywords: condonation of delay (440 days); Section 5 Limitation Act; setting aside exparte decree; Order 20 Rule 4 and 5 CPC — judgment requirements (concise statement, points for determination); Section 115 CPC civil revision; suit for specific performance; conditional restoration of suit on deposit of Rs.2,50,000/-; notice in execution proceedings (E.P.) prompting immediate approach; Principal Subordinate Court, Krishnagiri; Madras High Court. Relevant for matters where a modest delay is condoned because the applicant moves promptly after E.P. notice and the suit judgment is defective for non-compliance with Order XX Rules 4 and 5 CPC, with restoration made conditional on a monetary deposit.
What did the court decide?
Impugned order dated 08.11.2022 in I.A.No.01 of 2022 in O.S.No.40 of 2016 set aside; exparte decree dated 06.08.2018 in O.S.No.40 of 2016 set aside and the suit restored on condition that the revision petitioner/defendant deposits Rs.2,50,000/- to the credit of O.S.No.40 of 2016 on or before 03.06.2025; parties to appear before the trial court on 09.06.2025; trial court to take every endeavour to dispose of the suit within four months from 09.06.2025; no costs.