Application for set aside Ex Parte order after 1 year, without condone delay is not maintainable.

Citation

2017-5-L.W.765

2018(1) MWN (civil) 685

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

20.09.2017/ C.R.P.(NPD) (MD) No.1128 of 2008 and M.P.(MD) No.1 of 2008

Reserving on: 18.09.2017

Pronouncing on: 20.09.2017

T. Ravindran, J.

M/s.Ion Exchange Enviro Farms Ltd., rep.by its Managing Director L.V.Corner, S/o. Venkadaraman Dicsicon House, Dr.E.Moses Road Mumbai Petitioner

Vs.

M/s.Golden Earth Groves Ltd., rep.by its Director Arunkumar, S/o.A.K.Ragavan Amuliar St, Cochin-682018... Respondent

PRAYER: Civil Revision Petition is filed, under Section 115 of the Code of Civil Procedure, to set aside the order, dated 04.04.2008, passed in E.A.No.946 of 2006 in E.P.No.267 of 2005 in O.S.No.271 of 1999, (on the file of the Principal Subordinate Court, Ernakulam) on the file of the Principal Subordinate Court, Tirunelveli.

C.P.C., Order 21 rule 106, sale, challenge to

Execution/sale, challenge to Respondent had knowledge about execution proceedings, had been watching proceedings from day one after sale confirmed, came forward with an application as if it had no knowledge about execution proceedings Respondent cannot maintain application to set aside ex parte order passed in execution proceedings without necessary application to condone delay in filing said application

Para 13

spondent