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R. SAKTHIVEL
J. Premakumari Wife of D. Melvin Prabha – Appellant
Versus
K. Thirumoorthy Son of Late G. Kathirvelu – Respondent
ORDER :
R.Sakthivel, J.
PRAYER IN CRP NO.779 OF 2023: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair Order and decretal Order dated March 5, 2021 passed in I.A.No.3 of 2020 in O.S.No.420 of 2019 on the file of III Additional District Judge, Tiruvallur at Poonamallee.
PRAYER IN CRP NO.780 OF 2023: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair Order and decretal Order dated August 24, 2022 passed in I.A.No.5 of 2021 in I.A.No.3 of 2020 in O.S.No.420 of 2019 on the file of III Additional District Judge, Tiruvallur at Poonamallee.
These Civil Revision Petitions are directed against the fair and decretal Orders passed in I.A.No.3 of 2020 dated March 5, 2021 and I.A.No.5 of 2021 dated August 24, 2022, in O.S.No.420 of 2019 on the file of ‘III Additional District Judge, Thiruvallur at Poonamallee' ['Trial Court' for short].
2. In both these Civil Revision Petitions, the parties are one and the same. In both, the revision petitioner is the defendant while the respondent is the plaintiff in O.S.No.420 of 2019 on the file of Trial Court. For the sake of convenience, hereinaft
Extraordinary circumstances due to Covid-19 warrant a compassionate approach, allowing the setting aside of ex-parte orders in civil proceedings.
Settlement in underlying suit renders revision petition moot, warranting closure.
Timely applications in civil proceedings are crucial, but delays can be excused if justified, with the court retaining discretion to impose conditions.
A revision petition is not maintainable when an appeal is the appropriate legal remedy as outlined in the Civil Procedure Code.
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