Due to his illness, could not contact counsel and counsel failed to inform the date of hearing for filing written statement and hence set exparte – held, sufficient cause for absence was shown - Ex parte decree set aside

 

(ii)2008(3)MLJ 268; 

Adhikesavan v. Kalavathi; 

Citation

CDJ 2008 MHC 727

Adhikesavan Versus Kalavathi

Head Note

 

Civil Procedure Code - Section 115 - The Limitation Act - Section 5 – Suit for delivery of possession of property based on a Will – set exparte – petition filed to condone the delay in filing set aside petition – petition dismissed – hence this Civil Revision Petition – submitted that due to his illness, could not contact counsel and counsel failed to inform the date of hearing for filing written statement and hence set exparte – held, sufficient cause for absence was shown - shall not shut the defence in the suit – hence civil revision petition allowed.

Comparative Citation:
2008 (3) MLJ 268,