S. M. SUBRAMANIAM
Saraswathi – Appellant
Versus
Sellammal – Respondent
ORDER :
PRAYER : This Civil Revision Petition is filed under Article 227 of the Constitution of India against the Docket Order dated 14.02.2022 in Unnumbered Interlocutory Application of 2022 in OS No.253 of 2010 on the file of the learned Subordinate Judge, Thiruchengode.
The present Civil Revision Petition is filed against the Docket Order dated 14.02.2022 in Unnumbered Interlocutory Application of 2022 in OS No.253 of 2010 on the file of the learned Subordinate Judge, Thiruchengode.
2. The revision petitioner is the third defendant in the suit instituted by the third respondent for specific performance.
3. As far as OS No.253 of 2010 is concerned, the revision petitioner has been set ex parte and challenging that said ex parte order, an Interlocutory Application was filed. Thereafter CRP No.3996 of 2017 was filed before the High Court and this Court passed an order on 09.03.2020, directing the petitioner to pay a sum of Rs.50,000/- to Mr.Palanisamy, who is the respondent in CRP, within a period of two weeks. The Trial Court received the copy of the order dated 21.09.2020.
4. The learned counsel for the petitioner made a submission that since it was a Pandemic duration, the petitioner
The Court considered the exceptional circumstances of the pandemic and the delay in payment, leading to the setting aside of the Docket Order and granting permission to pay the cost amount within a s....
Imposing onerous conditions for condonation of delay is contrary to established legal principles.
Extraordinary circumstances due to Covid-19 warrant a compassionate approach, allowing the setting aside of ex-parte orders in civil proceedings.
The court determined that an extension for compliance could be granted to protect a petitioner's valuable rights, despite procedural delays.
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