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V. M. VELUMANI
Vasugi – Appellant
Versus
Subadra Ammal – Respondent
ORDER :
[Prayer: Civil Revision Petition filed under Section 115 of C.P.C., against the fair and decreetal order dated 26.07.2016 made in I.A.No.432 of 2016 in O.S.No.332 of 2004 on the file of the Principal District Munsif Court, (Motor Accident Claims Tribunal), Cuddalore.]
(The matter is heard through 'video conferencing')
This Civil Revision Petition is filed against the judgment and award dated 26.07.2016 made in I.A.No.432 of 2016 in O.S.No.332 of 2004 on the file of the Principal District Munsif Court, (Motor Accident Claims Tribunal), Cuddalore.
2. The petitioners are defendants 2 and 3 in O.S.No.332 of 2004 on the file of the Principal District Munsif Court, (Motor Accident Claims Tribunal), Cuddalore. Originally, the respondents 1 to 4 filed the said suit against one V.Durai for permanent injunction restraining him from interfering with their peaceful possession and enjoyment of the suit properties. Pending suit, the said V.Durai died and the petitioners and respondents 5 and 6 who are his legal heirs were brought on record as defendants 2 to 5 respectively in the suit. The suit was posted for final hearing. P.W.1 was examined. The counsel for the petitioners and other defend
Lack of substantiated reasons for delay in filing a petition to set aside an ex-parte decree may indicate lack of diligence and intention to drag on proceedings.
The court has the discretion to set aside an ex-parte decree based on the reasons provided by the petitioners and the principles of law, while also considering the inconvenience caused to the respond....
A petitioner must provide a satisfactory explanation for delay under Section 5 of the Limitation Act to warrant condonation of such delay.
The court has the power to set aside an ex parte order under Sec. 5 of the Limitation Act, but lack of a valid reason for delay and failure to take immediate action may not constitute sufficient caus....
The court upheld the dismissal of a condonation petition due to fabricated claims regarding knowledge of an ex-parte order and inordinate delay.
The court upheld the trial court's dismissal of a delay application based on insufficient cause, emphasizing the duty to independently pursue legal rights.
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