Sellammal vs Andi (Died) - 2022 Supreme(Mad) 1323

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 1323

KRISHNAN RAMASAMY
Sellammal – Appellant
Versus
Andi (Died) – Respondent

Advocates appeared:
For the Petitioners:R. Sundar, Advocate. For the Respondents:D. Shanmugarajasethupathi, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Section 115 of Code of Civil Procedure praying to set aside the Fair and decreetal order made in I.A.No.907 of 2017 in O.S.No.385 of 2003 on the file of District Munsif, Thuraiyur.)

1. This Civil Revision Petition has been filed challenging the order passed by the learned District Munsif, Thuraiyur in I.A.No.907 of 2017 in O.S.No.385 of 2003, dated 10.10.2017.

2. The respondents are the defendants and the revision petitioners are the plaintiffs in O.S.No.385 of 2003. The said suit was dismissed for default on 23.09.2016. Hence, the revision petitioners have filed an application to restore the suit along with I.A.No.907 of 2017 to condone the delay of 186 days. The reason assigned by the revision petitioners for non-appearance in the suit was that the second revision petitioner was affected by viral fever. However, the same was not accepted by the Court below and the petition to condone the delay of 186 days was dismissed. Challenging the same, the petitioners/plaintiffs have filed this Civil Revision Petition.

3. Per contra, the learned counsel appearing for the respondents made a strong objection to allow the revision petition on t

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