SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Mad) 65396

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar, J
K.Vijaya – Appellant
Versus
Saraswathi – Respondent
C.R.P.No.5496 of 2025 | C.M.P.No.27644 of 2025



Advocates:
For the Appellants/Petitioners: Mr.M.Guruprasad
For the Respondents: Mr.R.P.Ruban Chakravarthy, M/s.S.Kaithamalai Kumaran

The existence of serious objections must be properly considered by the trial court for maintaining the validity of ex parte proceedings.

Headnote:The Civil Revision Petition was filed under Article 227 of the Constitution to challenge an order that allowed a petition to set aside an ex parte order. The petitioner claimed the trial court did not consider objections against the application. The court found the petitioner's opposition was not serious and dismissed the revision, allowing the petitioner to seek relief in the trial court.

Result: The Civil Revision Petition stands dismissed with liberty.

Table of Content
1. challenge of trial court's order (Para 1)
2. petitioner's claims of serious objections (Para 2 , 3)
3. court's observation on petitioner's strategy (Para 4)
4. dismissal with liberty to file fresh application (Para 5)

O R D E R

The Civil Revision Petition is filed challenging the order passed by the Trial Court allowing the application in I.A.No.4 of 2024 in O.S.No.138 of 2012 filed by the respondents seeking to set aside the exparte order passed against them dated 30.01.2013.

2. A reading of the impugned order would suggest that the petitioner did not raise any serious objection for allowing the application to set aside the exparte order and hence, the application filed by the respondents was allowed.

3. The learned counsel appearing for the petitioner submits that the petitioner stoutly opposed the application to set aside the exparte order by filing counter and additional counter and the same was not at all taken into consideration by the Court below.

4. If the recording of the Trial Court that petitioner did not raise any serious objection against allowing of the application to set aside the exparte order is not correct, the proper course for the petitioner is to approach the very same Court by filing appropriate application when the matter is afresh in the mind of the said Court. The petitioner is not entitled to impugn the recording of the Court below by way of revision.

5. Accordingly, the Civil Revision Petition stands dismissed with liberty to the petitioner to file appropriate application before the Trial Court for appropriate relief. No costs. Consequently, the connected civil miscellaneous petition is closed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top