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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Rajalakshmi Ammal – Appellant
Versus
Radha Ammal – Respondent
| Table of Content |
|---|
| 1. commonality of issues in civil revision petitions. (Para 1 , 2 , 3 , 4) |
| 2. factual context of specific performance suit. (Para 5 , 6 , 7 , 8 , 9) |
| 3. arguments regarding delay and ex-parte decree. (Para 10 , 11) |
| 4. court's leniency in delay condonation applications. (Para 12 , 13 , 15) |
| 5. consideration for amicable settlement. (Para 14 , 16 , 17) |
| 6. proposed compensation as a settlement. (Para 18 , 19) |
| 7. final orders on revision petitions and costs. (Para 20 , 21 , 22) |
ORDER :
R. Sakthivel, J.
Feeling aggrieved by the Order dated July 14, 2022 passed by the learned Principal Subordinate Judge, Virudhachalam in I.A.No.242 of 2021 in I.A.No.440 of 2017 in O.S.No.253 of 2015, the Respondent therein who is the Plaintiff in the Original Suit has preferred the Civil Revision Petition in CRP No.1167 of 2023 under Article 227 of the Constitution of India, 1950.
2. Similarly, feeling aggrieved by the Order dated June 27, 2024 passed by the Principal Subordinate Court, Virudhachalam in E.P.No.51 of 2017 in O.S.No.253 of 2015, the Respondents therein who are the Defendants in the Original Suit have preferred the Civil Revision Petition in CRP No.3282 of 2024 under Section 115 of the
The court emphasized a lenient approach to granting delay in setting aside ex-parte decrees, underscoring natural justice principles when the Defendants were unable to appear due to bereavement.
Repeated failure of petitioners to establish rights in execution proceedings justified dismissal of applications for stay and highlighted abusive court practices.
The court upheld the dismissal of a petition to set aside an ex parte order, emphasizing the importance of timely actions in legal proceedings.
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 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 established that a lack of diligence in responding to legal proceedings can impact the ability to set aside ex parte decrees, but exceptional circumstances may justify condoning delays.
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