Madras High Court
R.Uma Maheswari vs G.Padmini on 9 February, 2021
CRP.NPD.No.3314 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.3314 of 2016 and
CMP.No.16905 of 2016
R.Uma Maheswari ..Petitioner
Vs.
G.Padmini ..Respondent
PRAYER:
The Civil Revision Petition is filed under Section 115 of Code of
Civil Procedure praying to set aside the order and decretal order
passed in IA.No.4890 of 2016 dated 12.08.2016 in OS.No.1884 of
2015 on the file of XII Assistant City Civil Court, Chennai.
For Petitioner : Mr.K.Natarajan
For Respondent : Mr.M.Chidambaram
ORDER
The civil revision petition is directed as against the order
and decretal order passed in IA.No.4890 of 2016 dated 12.08.2016 in
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CRP.NPD.No.3314 of 2016
OS.No.1884 of 2015 on the file of XII Assistant City Civil Court,
Chennai thereby dismissing the petition to condone the delay in filing
the set aside the exparte decree petition.
2. The petitioner is the defendant in the suit filed by the
respondent herein for recovery of money. After receipt of notice in the
main suit, the respondent failed to file leave to defend petition and as
such the petitioner was set exparte on 09.06.2015. Immediately, the
petitioner filed petition to set aside the exparte decree with the delay of
1 day. Along with condone delay petition he also filed petition to set
aside the exparte decree and also petition for leave to defend the suit.
The trial court condoned the delay and also set aside the exparte
decree. Unfortunately without numbering the leave to defend petition,
again the suit was decreed in the absence of the petitioner herein by the
judgment and decree dated 04.01.2016. Thereafter the respondent filed
execution petition to execute the decree passed in his favour. While
pending the execution petition, again the petitioner filed petition to set
aside the exparte decree with the delay of 13 days in filing the petition
to set aside the exparte decree. The said petition was dismissed.
Aggrieved by the same, the present Civil Revision Petition is filed.
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CRP.NPD.No.3314 of 2016
3. On perusal of the records, initially the petitioner was set
exparte in the main suit by the judgment and decree dated 09.06.2015.
Immediately, the petitioner filed petition to set aside the exparte decree
with delay of 1 day. In fact he also filed petition for leave to defend
along with condone delay petition and also set aside the exparte decree
petition. The trial court condoned the delay of 1 day in filing the set
aside the exparte decree petition and also set aside the exparte decree.
But the trial court failed to number the leave to defend petition and
again the petitioner was set exparte and passed judgment and decree.
Therefore, the petitioner may be given one opportunity to leave to
defend suit.
4. Considering the above, the order passed by the court below
is liable to be set aside. Accordingly, this civil revision petition is allowed
and the order passed in IA.No.4890 of 2016 dated 12.08.2016 in
OS.No.1884 of 2015 on the file of XII Assistant City Civil Court,
Chennai is set aside on payment of Rs.1,000/- (Rupees One Thousand
only) as cost to the respondent herein. The cost shall be paid by the
petitioner within a period of two weeks from the date of receipt of copy
of this order. Thereafter, the trial court is directed to number the leave
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CRP.NPD.No.3314 of 2016
to defend petition and pass orders on merits in accordance with law.
Consequently, connected miscellaneous petition is closed. No order as to
costs.
09.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lok
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CRP.NPD.No.3314 of 2016
To
The XII Assistant City Civil Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.3314 of 2016
G.K.ILANTHIRAIYAN,J.
lok
CRP.NPD.No.3314 of 2016
09.02.2021
https://www.mhc.tn.gov.in/judis/
