Vatchala vs T. Paari - 2023 Supreme(Mad) 96

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 96

S. M. SUBRAMANIAM
Vatchala – Appellant
Versus
T. Paari – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: S. Kamadevan.

ORDER :

Prayer: Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decreetal order passed in I.A. No. 1 of 2021 in O.S. No. 189 of 2017 on the file of the Principal Sub-Judge, Ariyalur dated 15.07.2022.

1. The Fair and Decreetal order passed in I.A. No. 1 of 2021 in O.S. No. 189 of 2017 on the file of the Principal Sub-Judge, Ariyalur dated 15.07.2022 is under challenge in the present revision petition.

2. The revision petitioner is the plaintiff, who instituted a suit for Specific Performance in O.S. No. 189 of 2017.

3. The suit decreed in favour of the revision petitioner/plaintiff and admittedly, it is an ex-parte decree passed by the Trial Court. The revision petitioner/decree holder filed an Execution Petition in E.P. No. 1 of 2020. The respondent received notice in the Execution Proceedings and thereafter, filed an Interlocutory Application to set aside the ex-parte decree passed in O.S. No. 189 of 2017 along with another Interlocutory Application to condone the delay of 1374 days in filing the petition to set aside the ex-parte decree passed in O.S. No. 189 of 2017.

4. The said Interlocutory Application was contested by the revis