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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
Somasundaran – Appellant
Versus
Nataraj – Respondent
| Table of Content |
|---|
| 1. introduction of the case and factual background. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments from both parties regarding delay condonation. (Para 6 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's examination of service of summons and evidence. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. legal standards regarding ex parte judgment. (Para 28 , 29 , 30 , 31) |
| 5. final dismissal of civil revision petition. (Para 32) |
ORDER :
N. SATHISH KUMAR, J.
1. Challenging the order dated 11.07.2024 passed by the learned Subordinate Judge, Kangeyam, Tiruppur District, refusing to condone the delay of 1566 days in filing the application seeking to set aside the ex parte decree dated 16.06.2015 and thereby dismissing the application in I.A.No.33 of 2020 in O.S.No.151 of 2014, the 2nd defendant in the suit has come up with the present revision petition.
2. The 1st respondent is the plaintiff, and the 2nd respondent is the 1st defendant in the suit in O.S. No. 151 of 2014.
3. The suit was filed for specific performance of the contract dated 14.05.2012 entered into between the plaintiff and the defendants, whereunder the defendants agreed to sell the suit schedule mentioned properties
Failure to demonstrate sufficient cause for delay in setting aside an ex parte decree results in dismissal of the application, emphasizing diligence and valid service of summons.
The court ruled that an ex parte decree is invalid if proper summons are not served, emphasizing the necessity of adjudication on merits.
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
Delay in condoning application to set aside ex parte decree cannot be excused without sufficient explanation and diligence.
The necessity of proper notice before restoring a suit, as it pertains to a defendant's right to defend their case.
The court held that mere reliance on counsel does not excuse delay in litigation; sufficient cause must be demonstrated for each day of delay to condone it.
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