P.Chandrasekar vs R.Loganathan
2021 Latest Caselaw 25252 Mad

Citation : 2021 Latest Caselaw 25252 Mad
Judgement Date : 22 December, 2021

Madras High Court

P.Chandrasekar vs R.Loganathan on 22 December, 2021

                                                                                 C.R.P.Sr.No.89989 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 22.12.2021

                                                             CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                   C.R.P.Sr.No.89989 of 2021

                     P.Chandrasekar                                                  .. Petitioner
                                                                Vs.
                     R.Loganathan                                                    .. Respondent

                     PRAYER: Civil Revision Petition filed under Article 227 of the
                     Constitution of India, praying to set aside the judgment and decree passed in
                     O.S.No.540 of 2006 on 18.04.2007 by the I Additional District Judge,
                     Coimbatore and allow this Revision Petition.
                                        For Petitioner      : Mrs.Chitra Sampah, Senior Counsel
                                                              for Mr.S.M.Velmurugan

                                        For Respondent      : Mr.A.K.Kumaraswamy
                                                              for Mr.S.Kolandasamy
                                                              ********

                                                            ORDER

The Revision is posted for maintainability. No doubt, the decree that

was granted on 18.04.2006 does not comply with the requirement of Order

XX Rule 5 of the Code of Civil Procedure.

https://www.mhc.tn.gov.in/judis C.R.P.Sr.No.89989 of 2021

2. However, the remedy which is now sought to be invoked by the

petitioner is a constitutional remedy and the petitioner has to show that he is

not guilty of latches, in order to enable me to invoke the constitutional

remedy.

3. As already pointed out, the decree is of the year 2006 and it was for

the petitioner to have the ex parte decree set aside earlier. This Revision is

filed after dismissal of I.A.No.687 of 2009 on 03.08.2009, even from then,

there is a delay of 12 years.