G. K. ILANTHIRAIYAN
Pace Builders (M) Pvt. Ltd. , rep. by its Managing Director, M. Krishnakumar – Appellant
Versus
T. Suyamburaj – Respondent
ORDER :
(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the judgment and decree dated 12.01.2005 in OS.No.10 of 2004 on the file of the Subordinate Judge, Poonamallee.)
This civil revision petition has been filed to set aside the judgment and decree dated 12.01.2005 in OS.No.10 of 2004 on the file of the Subordinate Judge, Poonamallee.
2. The petitioner is the third party to the suit filed by the first respondent as against the respondents 2 to 6 herein for specific performance on the strength of the agreement for sale dated 29.01.1993. The respondents 2 to 6 failed to appear before the trial court and as such, they were set exparte. Hence, the suit was decreed by the judgment and decree dated 12.01.2005 as prayed for. The petitioner is being the third party to the suit, challenging the judgment and decree, the present civil revision petition has been filed under Article 227 of the Constitution of India.
3. The learned counsel for the petitioner would submit that the petitioner is a Private Limited Company doing business of promotion and development of multi storeyed building as a joint venture. The entire extent of five acres of land
The main legal point established in the judgment is that when a statutory alternative remedy by way of an appeal is available to the aggrieved party, a civil revision petition under Article 227 of th....
The main legal point established in the judgment is that a party approaching the court must do so with clean hands and must not engage in forum shopping. Additionally, the judgment and decree passed ....
Point of law: When Execution Petition was filed in E.P.No.90 of 2010, by impleading the present revision petitioners as parties, the said Kuppammal seems to have died and subsequently, E.A.No.175 of ....
The main legal point established in the judgment is that a revision under Article 227 of the Constitution of India may not be maintainable if the petitioner has an alternative remedy of filing an app....
The court emphasized that a petitioner must act with diligence and clean hands when invoking Article 227, especially when challenging an ex-parte decree after an unreasonable delay.
The Court emphasized the importance of triable issues and the respective claims and cause of action of the parties in determining the maintenance of the suit.
The main legal point established in the judgment is the application of the Limitation Act, specifically Article 58, to determine the limitation period for filing a suit for declaration of right, titl....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.