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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
R.Rasappan – Appellant
Versus
D.Rajalakshmi (died) – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 227 of the constitution (Para 1 , 2) |
| 2. factual background of specific performance suit (Para 3 , 4) |
| 3. petitioner’s argument against ex parte decree (Para 5 , 6) |
| 4. respondent's position on petitioner's claims (Para 7) |
| 5. review of evidence and prior findings (Para 8) |
| 6. application of doctrine of lis pendens (Para 9 , 10) |
| 7. fraud nullifies court decrees (Para 11 , 12) |
| 8. prohibition against re-agitating settled issues (Para 13) |
| 9. requirements for nullifying a judgment (Para 14 , 15 , 16) |
| 10. improper judgments vs. null judgments (Para 17 , 18 , 19 , 20) |
| 11. limitations on setting aside non-speaking judgments (Para 21 , 22) |
| 12. revisions after lengthy delay not permissible (Para 23 , 24) |
| 13. final ruling dismissing the revisions (Para 25) |
COMMON ORDER :
C.R.P.No.1013 of 2025 has been filed under Article 227 of the Constitution of India to set aside the judgment and decree, dated 17.10.2005, in O.S.No.534 of 2000 on the file of the I Additional Sub- Court, Erode, on the ground that the judgment in the present suit is not in conformity with Order XX Rules 4 and 5 CPC and the same cannot be construed as a valid judgment. C.R.P.No.2774 of 2024 has bee
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