Madras High Court
Selvasubramanian vs The Branch Manager on 1 July, 2021
C.R.P.(PD)No.3185 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD)No.3185 of 2018
and C.M.P.No.18198 of 2018
1. Selvasubramanian
2. Palanidurai ... Petitioners
Vs.
The Branch Manager,
Indian Bank,
Perugavazhndan Village,
Mannargudi Taluk,
Tiruvarur District. ... Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the fair and decreetal order dated
20.02.2018 passed in I.A.No.243 of 2016 in O.S.No.36 of 2013 on the file
of the Sub Court, Mannargudi.
For Petitioners : Mr.D.Veerasekaran
For Respondent : Ms.S.R.Sumathy
Page 1 of 6
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3185 of 2018
ORDER
This Civil Revision Petition is directed as against order dated
20.02.2018 passed by the learned Subordinate Judge, Mannargudi in
I.A.No.243 of 2016 in O.S.No.36 of 2013, thereby dismissing the petition to
condone the delay of 642 days in filing the petition to set aside the exparte
decree.
2. The petitioners are the defendants and the respondent is the
plaintiff. The respondent filed suit in O.S.No.36 of 2013 for recovery of
money as against the petitioners. After filing the written statement by the
petitioners herein, the trial was commenced. When P.W.1 was in box for
cross-examination, the petitioners failed to appear before the Court below
and did not cross-examine P.W.1. Therefore, they were set exparte and
exparte judgment and decree passed on 10.12.2014. Hence, the petitioners
filed petition to set aside the exparte decree along with the condone delay
petition in I.A.No.243 of 2016.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3185 of 2018
3. On perusal of the affidavit filed in support of the condone
delay petition, the first petitioner herein had admitted in various hospitals
for his heart aliments. In fact, the first petitioner was examined as P.W.1
and in support of his contention P.W.2 was also examined and marked
Ex.P.1 to Ex.P.7 and proved that he was admitted in various hospitals.
Therefore, he could not be able to instruct his counsel to cross-examine
P.W.1 in the main suit. Further the Court below dismissed the petition for
reason that the petitioners failed to explain each and every day delay of 642
days. It is seen that the suit is for recovery of money. Therefore, this Court
feels that the petitioners may be given one more opportunity to defend their
case.
4. In view of the above discussions, the order dated 20.02.2018
passed by the learned Subordinate Judge, Mannargudi in I.A.No.243 of
2016 in O.S.No.36 of 2013 is hereby set aside on condition that, the
petitioners shall pay a sum of Rs.5,000/- (Rupees five thousand only) to the
respondent, within a period of two weeks from the date of receipt of a copy
of this Order, failing which the order passed by this Court shall stand
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3185 of 2018
automatically cancelled. On such payment, the trial Court is directed to
restore the suit and dispose the same within a period of six months
thereafter.
5. With the above directions, this Civil Revision Petition is
allowed. Consequently, connected miscellaneous petition is closed. There
shall be no order as to cost.
01.07.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3185 of 2018
To
1. The Subordinate Judge,
Mannargudi.
2. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD)No.3185 of 2018
G.K.ILANTHIRAIYAN, J.
rts
C.R.P.(PD)No.3185 of 2018
and C.M.P.No.18198 of 2018
01.07.2021
https://www.mhc.tn.gov.in/judis/
