Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Tahsildar, Sivagangai – Appellant
Versus
P. Ganesan – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 3 , 8) |
| 2. court's observations on judgment legality (Para 4 , 9 , 12) |
| 3. arguments regarding procedural irregularities (Para 5 , 6 , 11) |
| 4. legal reasoning on burden of proof (Para 7) |
| 5. final conclusion and order (Para 13) |
ORDER :
The present Civil Revision Petition has been filed challenging the order passed by the learned District Munsif, Sivagangai in I.A.No.02 of 2025 in O.S.No.190 of 2010, dated 23.10.2025.
3.The respondent is the plaintiff in the suit in O.S.No.190 of 2010 on the file of the District Munsif Court, Sivagangai. The petitioners are the defendants in the suit. The suit in O.S.No.190 of 2010 has been filed seeking a relief of declaration of the order passed by the second petitioner, dated20.11.2009 as null and void and for permanent injunction restraining the petitioners/defendants from interfering with the peaceful possession of the respondent/plaintiff in the suit property. The said suit was decreed ex parte vide judgment, dated 24.02.2011. The said judgment is extracted hereunder:
2.Plaintiff present and examined in PW.1 in chief through proof affidavit. Ex.A1 to Ex.A7 marked. Suit claim proved. Suit is decreed a
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.
Point of Law : sufficient reason' for extending the delay in filing the petition should be construed liberally on the non-action on the part of the advocate. Besides, there is no general proposition ....
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 clarified that ex parte judgments must comply with procedural norms and cannot ignore the rights of all involved parties, particularly when an appellate remedy is available.
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
