R. N. MANJULA
Devagi – Appellant
Versus
Asha – Respondent
ORDER :
(Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 27.09.2021, passed in I.A.No.531 of 2017 in O.S.No.162 of 2011, by the Hon'ble Subordinate Judge, Arakkonam.)
This Civil Revision Petition has been preferred to set aside the fair and decreetal order dated 27.09.2021, passed in I.A.No.531 of 2017 in O.S.No.162 of 2011, by the learned Subordinate Judge, Arakkonam.
2. Heard the learned counsel for the petitioners and the learned counsel for the respondent and also perused the materials placed on record.
3. The petitioners are the legal heirs of the defendant in the suit in O.S.No.162 of 2011. The respondent/plaintiff filed a suit against the deceased defendant for specific performance. Since the deceased defendant remained exparte, the suit was decreed exparte on 06.03.2012. The decree was subsequently executed and the sale deed was also executed through the Court on 04.01.2018. The deceased defendant has filed a petition to set aside the exparte decree in I.A.No.532 of 2017, along with a petition in I.A.No.531 of 2017, to condone the delay of 2051 days. Both the petitions were dismissed by a
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 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.
Delay in condoning application to set aside ex parte decree cannot be excused without sufficient explanation and diligence.
Illness as a valid reason for non-appearance, subsequent developments in the case, and the need to provide an opportunity for the petitioner to contest the matter are valid grounds for delay condonat....
Delay in filing application to set aside ex-parte decree should be condoned when sufficient cause is established, especially in pending immovable property litigation.
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