Madras High Court
Mohanan vs Sathyan on 17 February, 2021
CRP.NPD.No.877 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.877 of 2016
and
CMP.No.4807 of 2016
Mohanan ..Petitioner
Vs.
Sathyan ..Respondent
PRAYER:
The Civil Revision Petition is filed under Article 115 of CPC
praying to set aside the order dated 22.12.2015 passed in IA.No.10
of 2015 in OS.No.131 of 2012 on the file of the Principal Sub Court,
Pondicherry.
For Petitioner : Mr.V.Udayakumar
For Respondent : Mr.T.M.Naveen
ORDER
The Civil Revision Petition is directed as against the fair and
decreetal order passed in IA.No.10 of 2015 in OS.No.131 of 2012 on the
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CRP.NPD.No.877 of 2016
file of the Principal Sub Court, Pondicherry thereby allowing the petition to
condone the delay in filing the application to set aside the exparte decree.
2. The petitioner is the plaintiff. The respondent is the
defendant. The petitioner filed suit for recovery of money on the basis of
pronote executed by the respondent herein. The respondent appeared
through his counsel and filed his written statement. After examining PW1,
the respondent failed to cross examine PW1 and thereafter failed to
appear before the trial court. Thereafter the trial court decreed the suit.
The respondent filed petition to set aside the exparte decree with delay in
filing the application to set aside the exparte decree dated 17.07.2014.
The court below allowed the same and aggrieved by the same, the
petitioner preferred this civil revision petition.
3. On perusal of the judgment passed by the court below
revealed that when the matter was posted for cross examination of PW1
on 09.07.2014, the counsel for the respondent failed to cross examine
PW1 and thereafter the suit was decreed on 17.07.2014. Therefore, the
respondent was not set exparte. Further, the petition filed by the
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CRP.NPD.No.877 of 2016
respondent was entertained and the delay was also condoned. The suit is
of the year 2012 and the suit was decreed for a sum of Rs.4,26,219/-
with interest. While allowing the condone delay petition, the court below
without ordering any cost allowed the petition.
4. Though this court finds no infirmity or illegality in the order
passed by the court below, it can be allowed on condition. Accordingly,
this civil revision petition is allowed and the respondent is directed to
deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand
only) to the credit of the suit in OS.No.131 of 2012 on the file of the
Principal Sub Court, Pondicherry within a period of four weeks from the
date of receipt of copy of this order, failing which the order dated
22.12.2015 passed in IA.No.10 of 2015 in OS.No.131 of 2012 on the file
of the Principal Sub Court, Pondicherry shall stand automatically
dismissed. Consequently, connected miscellaneous petition is closed. No
order as to costs.
17.02.2021
Speaking/Non-speaking order
Index : Yes/No
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.877 of 2016
Internet : Yes/No
lok
G.K.ILANTHIRAIYAN,J.
lok
To
The Principal Sub Court,
Pondicherry.
CRP.NPD.No.877 of 2016
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.877 of 2016
17.02.2021
https://www.mhc.tn.gov.in/judis/
