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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
R.Seemon – Appellant
Versus
R.Vinoth – Respondent
ORDER
The instant revision petition has been filed under Article 227 of Constitution of India challenging the judgment and decree dated 08.12.2022 made in O.S.No.248 of 2022 on the file of the Sub Court, Melur.
2.The first respondent in the revision petition has filed the above said suit for the relief of specific performance of a sale agreement dated 01.04.2022 said to have been executed by the revision petitioner and the second defendant.
3.As per plaint averments, the suit schedule properties belong to the first defendant namely R.Seemon and he had executed a general power of attorney in favour of the second defendant on 23.07.2008. Based upon the said power deed, the suit sale agreement was entered into by the second defendant in favour of the plaintiff on 01.04.2022 agreeing to alienate the property for a sale consideration of Rs.4,67,200/-. A sum of Rs.4,00,000/- was paid as advance and the period was fixed as three month for completing the sale agreement.
4.It is further averred in the plaint that since the defendants were not coming forward to execute the sale deed, a legal notice was issued on 11.08.2022 and there was no reply from the defendants. Hence, the suit came to be fi
The High Court cannot entertain a revision petition under Article 227 when an alternative remedy of appeal is available, especially in cases involving factual disputes.
A decree obtained by fraud is a nullity and can be set aside by the court, emphasizing the supervisory jurisdiction under Article 227 of the Constitution.
Fraud vitiates all judicial acts; a decree obtained through fraudulent means is a nullity and can be challenged, even collaterally.
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 court upheld that a party not privy to an agreement can still be implicated if justified; limitations in such cases must be assessed through full trial, not on technicality.
A judgment must contain a concise statement of the case, points for determination, and reasons for the decision; failure to comply renders it invalid.
The importance of a valid and reasoned judgment in compliance with procedural requirements, considering the substantial rights of the parties and the hardship caused to the plaintiff due to the delay....
The main legal point established in the judgment is the inherent power of the court to amend judgments under Section 152 CPC to ensure complete justice between the parties.
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