Back
N. SATHISH KUMAR
Sellaravutha Gounder – Appellant
Versus
V. M. China Gounder – Respondent
ORDER :
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and final order dated 23.12.2020 made in E.A. No. 29 of 2012 in E.P. No. 22 of 2010 in O.S. No. 174 of 2009 on the file of Principal District Munsif Court, Bhavani.
1. Challenge has been made to the order dismissing the application in E.A. No. 29 of 2012 dated 23.12.2020 filed seeking to set aside the ex-parte order made in E.P. No. 22 of 2010.
2. The petitioner has filed an application to set aside the ex-parte order passed in E.P. No. 22 of 2010, wherein, the delivery order has been passed on 30.07.2010. According to the petitioner, the ex-parte order came to his knowledge only on 12.03.2012, when the Court officials came for effecting the delivery of possession. According to the petitioner, no notice was served on the petitioner and the petitioner's property is an ancestral property and there was no partition among the co-parcener. Therefore, sought to set aside the ex-parte order passed in E.P. No. 22/2010 dated 30.07.2010 before the Principal District Munsif Court, Bhavani in E.A. No. 29 of 2012. The said E.A was filed on 13.03.2012 and the same was dismissed on 23.
Proper service of notice is essential in execution proceedings; failure to follow mandatory procedures renders ex-parte orders invalid.
The court affirmed that proper procedures for ex-parte proceedings were followed, and the petitioner had knowledge of the case, validating the ex-parte order.
The executing Court must allow parties the opportunity to present their case and cannot proceed with execution if misleading information affects judicial integrity.
Court neither loses its jurisdiction after grant of decree for specific performance nor it becomes functus officio – If an ancillary or incidental relief is not granted, there would be no value to de....
The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
Improper service claims cannot void an ex parte judgment if the defendant had prior knowledge of the proceedings, as judicial efficiency must be upheld.
An ex parte decree that is cryptic and non-compliant with procedural requirements cannot be executed; necessary amendments to parties and relief sought must be pursued to validate execution.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
