P. Jessi vs S. M. Gandhi - 2023 Supreme(Mad) 2289

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2289

P. VADAMALAI
P. Jessi – Appellant
Versus
S. M. Gandhi – Respondent

Advocates appeared:
For the Petitioner:V. Muthukamatchi, Advocate. For the Respondent:S. Manohar, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.992 of 2016 in O.S.No.1553 of 2004 on the file of the Principal District Munsif, Madurai Town dated 22.03.2017 and allowing the Civil Revision Petition.)

1.This Civil Revision Petition is filed against the order dated 22.03.2017 passed in I.A.No.992 of 2016 in O.S.No.1553 of 2004 on the file of the Principal District Munsif Court, Madurai Town.

2. The learned counsel for the petitioner has submitted that the petitioner is the defendant in O.S.No.1553 of 2004 on the file of the Principal District Munsif Court, Madurai Town. The respondent/plaintiff has filed the said suit for declaration, permanent injunction and mandatory injunction. Since non-appearance of the defendant, an ex-parte decree was passed on 05.10.2010. The petitioner filed a petition on 26.10.2010 to set aside the ex-parte decree and the same was returned for certain defects. The returned petition was mixed with other case records in the office of his counsel. After sincere effort, it was traced and hence, there is a delay of 549 days in representing the petition befor

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