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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. Lakshminarayanan, J
K. Arjun – Appellant
Versus
P.Sathyarani – Respondent
| Table of Content |
|---|
| 1. plaintiff's suit for injunction post-property purchase dismissed for default. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. trial court dismissed delay condonation without sufficient analysis. (Para 9) |
| 3. counsel miscommunication caused default; litigant not liable. (Para 11 , 12) |
| 4. delay reduced by covid exclusion; liberal restoration with costs. (Para 13 , 14 , 15) |
| 5. revision allowed conditionally with costs and expedited trial. (Para 16) |
ORDER
Aggrieved by the dismissal of an application to condone the delay in filing the restoration application under Section 5 of the Limitation Act and Section 151 of the Code of Civil Procedure, the plaintiff is on revision before me.
2. For the sake of convenience, the partis are referred to as per their ranks in the suit.
3. The plaintiff claimed that he purchased the property from the defendant by way of a registered sale deed dated 18.08.2011 registered on the file of the Sub Registrar, Y.Othakkadai, in document No.4566/2011. He claimed that the sale was made by the defendant through her power of attorney. On the date of the sale, the plaintiff was put in possession and enjoyment of the property. On the basis of the sale deed, the
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