D. BHARATHA CHAKRAVARTHY
Shanthi – Appellant
Versus
Sangeetha – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order made in I.A. No. 14 of 2023 in O.S. No. 18 of 2014 on the file of the Sub Court, Valliyoor, dated 17.07.2023 and allow the Civil Revision Petition.
1. This civil revision petition is filed to set aside the fair and decreetal order of the learned Subordinate Judge, Valliyoor, dated 17.07.2023 made in I.A. No. 14 of 2023 in O.S. No. 18 of 2014.
2. The suit is filed for declaration that the earlier decree in O.S. No. 411 of 2012 as null and void and for declaration of the sale deeds, dated 13.05.2013 & 31.05.2013 as null and void and for declaration of the plaintiff's tile in respect of the schedule property and for costs. The said suit is defended by the defendants by filing a written statement. It is seen that the suit is in the argument stage. At the stage of arguments, the first defendant in the suit has filed the present application in I.A. No. 14 of 2023 to recall PW1 for further cross-examination. The reasons mentioned in the affidavit is that different version has been given in the criminal complaint arising out of the very same transaction and th
Timely applications in civil proceedings are crucial, but delays can be excused if justified, with the court retaining discretion to impose conditions.
Extraordinary circumstances due to Covid-19 warrant a compassionate approach, allowing the setting aside of ex-parte orders in civil proceedings.
A plaintiff must include all claims arising from the same cause of action in one suit; splitting claims without court permission is impermissible.
A plaintiff's right to withdraw a suit at the appellate stage is not absolute and must respect the rights acquired by the defendants under a decree.
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