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S. M. SUBRAMANIAM
S. Habibullah (died) – Appellant
Versus
V. Sarathambal – Respondent
ORDER :
Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 05.09.2019 in unnumbered I.A. Of 2019 in I.A.No.28 of 2018 in O.S.No.64 of 2011 on the file of Sub Court, Dharamapuri.
The Civil Revision Petition is filed against the order dated 05.09.2019 passed in the unnumbered Interlocutory Application in I.A. of 2019 in O.S.No.64 of 2011 on the file of the Sub Court, Dharapuram.
2. The revision petitioners are the legal heirs of the deceased plaintiff, who instituted a Suit for Specific Performance. The Suit was dismissed for default on 19.07.2017 due to the non-appearance of the plaintiff. During the year 2018, the plaintiff filed Interlocutory Applications in I.A.Nos.28 and 29 of 2018 to restore the Suit and by condoning the delay in filing the application to restore the Suit. The condone delay petition was allowed by the Trial Court on a condition to pay costs. The condition imposed by the Trial Court in the Interlocutory Applications in I.A.Nos.28 and 29 of 2018 was not complied with by the plaintiff and consequently, the Interlocutory Applications in I.A.No.28 and 29 of 2018 stood dismissed. Again, the plaintiff
The importance of a valid and reasoned judgment in compliance with procedural requirements, considering the substantial rights of the parties and the hardship caused to the plaintiff due to the delay....
The importance of providing a sufficient cause for delay under Order XLI Rule 3(a) of C.P.C.
The defendant's right to defend the litigation and the timely filing of the petition and written statement are valid reasons to set aside an exparte decree.
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