C. Nagaraj v. V. Muniraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISHKUMAR C.R.P.(N.P.D) No.4115 of 2013 C.Nagaraj ....

Petitioner Vs V.Muniraj .... Respondent PRAYER: Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the fair Decree and Order dated 14.08.2013 made in I.A.No.557 of 2010 in O.S.No.195 of 2006 on the file of District Munsif, Denkanikottai.

For Petitioner : Mr.M.Sriram For Respondent : Mr.K.Gandhikumar

O R D E R

This Civil Revision Petition has been filed as against the order of the Trial Court allowing the application to condone the delay to restore the suit, which is dismissed for default with the delay of 821 days.

2. The Trial Court has allowed the said application with a cost of Rs.500/- (Rupees Five Hundred Only), as against which, the present Civil Revision Petition has been filed.

3. Heard the learned counsel for the revision petitioner and the respondent.

4. When the Trial Court has exercises its discreation jurisdiction judicially, in order to give opportunity to the parties to establish their substantial right and had been liberal in condoning the delay, therefore, I do not find any illegality or infirmity in the order.

5. Hence, the Civil Revision Petition is dismissed. The Trial Court is directed to dispose of the suit within a period of six months from the date of receipt of copy of this order. 11.03.2019 Index: Yes/No Speaking Order/ Non-speaking order vji

To The District Munsif, Denkanikottai.

N.SATHISHKUMAR,J.

vji C.R.P. (N.P.D) No.4115 of 2013 11.03.2019