Easther Rani v. Mathivanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2017

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN C.R.P.(P.D.) No.2184 of 2013 Easther Rani ... Petitioner versus Mathivanan ...

Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 29.11.2012 made in I.A.No.796 of 2012 in O.S.No.195 of 2010 on the file of the Sub-Court, Dharapuram.

For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.V.Balamurugane

O R D E R

The suit filed by the petitioner in O.S.No.195 of 2010 was decreed by the learned Subordinate Judge, Dharapuram. The respondent filed an application in I.A.No.796 of 2012 to set aside the exparte decree after condoning the delay of 350 days. The delay was condoned by the learned Trial Judge. The order is under challenge in this civil revision petition.

2. The Interlocutory Application filed by the respondent to condone the delay of 350 days was allowed by the learned Trial Judge on the ground that the reasons given were convincing. It is not for this Court to re-appreciate the reasons given by the learned Trial Judge by exercising the revisional jurisdiction under Article 227 of the Constitution of India. I am of the view that there is no merits in the civil revision petition filed by the petitioner.

3. In the up shot, I dismiss the Civil Revision Petition. No costs. 17.04.2017 kj Index:Yes/No To The Sub-Court, Dharapuram.

K.K.SASIDHARAN,J.

Kj C.R.P.(P.D.) No.2184 of 2013 17.04.2017

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