Madras High Court
M/S. Sri Murugan Hardwares vs M/S.M.R.L.Steel Syndicate on 26 February, 2021
C.R.P.(NPD)No.2581 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD).No.2581 of 2015
and M.P.No.1 of 2015 & C.M.P.No.5940 of 2016
1. M/s. Sri Murugan Hardwares
Partnership Firm
2. M/s. Sri Murugan Hardwares
Rep. by its Partner P.Moham
3. Devaraj
Partner of Sri Murugan Harwares
All are put up at No.220/1-A,
Thiruvallur High Road,
Chunkuvarchatram - 602 106. ... Petitioners
Vs.
M/s.M.R.L.Steel Syndicate
Rep. by their Power Agent
P.Venkatesan
No.1, Roja Nagar, Bazar Road,
Madhavaram,
Chennai - 600 060. ... Respondent
Prayer :- Civil Revision Petition is filed under Section 115 of C.P.C., to set
aside the order dated 14.11.2014 passed in I.A.No.11230 of 2014 in
O.S.No.6897 of 2011 on the file of the XIII Assistant City Civil Court,
Chennai.
Page 1 of 6
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.2581 of 2015
For Petitioners : Mr.R.Balasubramanian
For Respondent : No appearance
ORDER
This Civil Revision Petition is directed as against the fair and
decretal order dated 14.11.2014 passed by the learned XIII Assistant Judge,
City Civil Court, Chennai, in I.A.No.11230 of 2014 in O.S.No.6897 of
2011, thereby dismissing the petition to condone the delay in set aside the
exparte decree.
2. The petitioners are the defendants in the suit filed by the
respondent for recovery of money in O.S.No.6897 of 2011. In the said suit,
the summons through Court as well as the private which were sent to the
petitioners were returned with an endorsement 'refused'. Thereafter, the
Court below ordered substitute of service and publication was also effected.
Thereafter, the petitioners were set exparte and exparte decree and judgment
was passed on 12.03.2012. On the strength of the decree and judgment, the
respondent filed execution petition in E.P.No.84 of 2014. In that execution
petition, the petitioners were served notice and thereafter they came to
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.2581 of 2015
understand that the respondent filed suit and they were set exparte.
Immediately, they filed petition to set aside the exparte decree with condone
delay petition with the delay of 827 days along with the petition to set aside
the exparte decree. The Court below dismissed the said petition for the
reason that the petitioners did not state any reason except the summons not
received by them. Aggrieved by the same, the present Civil Revision
Petition.
3. Heard Mr.R.Balasubramanian, learned counsel appearing for
the petitioners. Though notice served and name printed in the cause list, no
one is appeared before this Court on behalf of the respondent.
4. Admittedly the petitioners were not served with summons in
the main suit and after publication they were set exparte. Therefore, they
may be given one more opportunity to defend the suit filed by the
respondent herein with some conditions. Therefore, the order passed by the
Court below is perverse and liable to be set aside.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.2581 of 2015
5. Accordingly, the order dated 14.11.2014 passed by the learned
XIII Assistant Judge, City Civil Court, Chennai, in I.A.No.11230 of 2014 in
O.S.No.6897 of 2011 is hereby set aside, on condition that the petitioner
shall deposit a sum of Rs.75,000/- (Rupees seventy five thousand only) to
the credit of the suit in O.S.No.6897 of 2011. Further the petitioners are
directed to file their written statement within a period of two weeks from
the date of receipt of the order and thereafter the trial Court is directed to
dispose suit within a period of three months from the date of receipt of a
copy of this Order.
6. With the above directions, this Civil Revision Petition stands
allowed. There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
26.02.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.2581 of 2015
To
1. The XIII Assistant Judge,
City Civil Court, Chennai
2. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.2581 of 2015
G.K.ILANTHIRAIYAN, J.
rts
C.R.P.(NPD).No.2581 of 2015
and M.P.No.1 of 2015 &
C.M.P.No.5940 of 2016
26.02.2021
https://www.mhc.tn.gov.in/judis/
