SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(Mad) 1230

K.GOVINDARAJAN
Ponnammal – Appellant
Versus
Subburaman & Another – Respondent


Advocates Appeared:For the Petitioner:Mr.S.Subramaniam Balaji, Advocate. For the Respondents:Mr.S.Parthasarathy, for M/s.Sarvabhauman Associates, Advocate.

Judgment :-

This Revision Petition is filed against the order passed by the learned District Munsif, Manaparai in I.A.No.147/2003 in O.S.No.196/2002, dated 25.2.2003, refusing to set aside the ex-parte decree passed on 9.12.2002.

2. The petitioner is the defendant in the suit. The respondents/plaintiffs filed a suit in O.S.No.196/2002 for declaration that they are the absolute owners of the suit property and for permanent injunction. The suit was posted on 9.12.2002 for filing written statement. Since nobody appeared for the defendant nor filed written statement on 9.12.2002, the suit was decreed ex-parte To set aside the said order, the petitioner filed I.A.No.147/2003. He has also filed written statement and necessary documents along with the affidavit filed in support of the said Application.

3. The said Application was contested by the respondents/plaintiffs.

4. The trial Court has not accepted the reason given to set aside the ex-parte decree and also found that the petitioner/defendant cannot be allowed to file written statement beyond 90 days from the date of service of summons in the suit. On the basis of the said findings, the said Application was rejected by the court below.



















































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top