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N. SATHISH KUMAR
S. Baskar – Appellant
Versus
S. Ranjithkumar – Respondent
ORDER :
N.Sathish Kumar, J.
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the judgment and decree dated 28.02.2011 in O.S.No.142 of 2010 on the file of the Principal Subordinate Judge, Krishnagiri District and declare all consequential orders and documents executed in pursuance to the said judgment and decree as null and void.
This revision has been filed seeking to set aside the judgment and decree dated 28.10.20211 in O.S.No.142 of 2010 on the file of the Principal Subordinate Judge, Krishnagiri District under Article 227 of the Constitution of India on the ground that the decree and judgment has been obtained fraudulently, that apart, the decree and judgment contains only one line order and the judgment does not satisfy the requirements of Order XX Rules 4 and 5 of C.P.C.,
2. Since, the impleading 8th respondent claims to be a purchaser from the first respondent has filed C.M.P.No.26123 of 2024 for impleadment in this revision, this Court is of the view that the impleading petitioner is necessary for proper adjudication of this revision petition. Hence, the impleading petition is ordered, accordingly.
3. Brief background of the ca
A judgment must contain a concise statement of the case, points for determination, and reasons for the decision; failure to comply renders it invalid.
A judgment must comprehensively analyze issues and provide a reasoned basis for decisions, failing which it is deemed cryptic and invalid.
A judgment must contain a concise statement of the case, points for determination, decision, and reasons, failing which it is deemed ex facie illegal. The High Court may set aside such judgments to e....
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 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 ....
The High Court should not entertain a revision petition under Article 227 against an ex-parte judgment and decree when a specific remedy of appeal is available under the Code of Civil Procedure itsel....
Ex parte judgments must adhere to procedural requirements of the CPC; otherwise, such judgments can be ruled illegal and set aside, especially when they affect public rights.
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.
Fraud vitiates all judicial acts; a decree obtained through fraudulent means is a nullity and can be challenged, even collaterally.
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