Madras High Court
Narasimman vs Rajeswari on 14 June, 2021
CRP.NPD.No.1579 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.NPD.No.1579 of 2018
and
CMP.No.8519 of 2018
1.Narasimman
2.Muniammal
3.Vasanthi
4.Radha ..Petitioners
Vs.
Rajeswari ..Respondent
PRAYER:
The Civil Revision Petition is filed under Section 115 of CPC
praying to set aside the decretal order and fair order dated 16.02.2018
passed in I.A.No.65 of 2017 in OS.No.29 of 2015 on the file of the
Principal District Judge, Dharmapuri.
For Petitioners : Mr.G.Mohanraj
For Respondent : No Appearance
1/6
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CRP.NPD.No.1579 of 2018
ORDER
This Civil Revision Petition is filed against the decretal
order and fair order dated 16.02.2018 passed in I.A.No.65 of 2017 in
OS.No.29 of 2015 on the file of the Principal District Judge,
Dharmapuri, thereby dismissing the petition to set aside the exparte
decree.
2. The petitioners are the defendants and the respondent is
the plaintiff. The respondent filed suit for partition. After engaging
counsel by the petitioners before the trial court, they failed to file
written statement. Therefore, they were set exparte and exparte
decree and judgment was passed against them by judgment and
decree dated 17.12.2015. Thereafter, the respondent filed petition for
passing final decree in IA.No.163 of 2016. In the said petition, the
petitioners received notice and immediately the petitioners filed
petition to set aside the exparte decree and stated the reasons for non
filing of written statement that the first petitioner suffered with
jaundice. The first petitioner is being the head of the family, he is
looking after the case filed by the respondent herein. Because of his
illness, he could not instruct his counsel to file written statement in
time. Therefore, the court below dismissed the petition for the reason
that the petitioners were set exparte and adjourned the matter for
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CRP.NPD.No.1579 of 2018
several hearings for passing exparte decree. Even then, the petitioners
failed to file written statement and they also did not state proper
reason for non filing of written statement. They also failed to produce
any medical records to show that the first petitioner suffered with
jaundice and had taken native treatment.
3. Admittedly, the first petitioner suffered with jaundice and
he had taken native treatment. He is being the head of the family,
other are depending upon the first petitioner and as such they could
not able to instruct their counsel to file their written statement before
the court below. Considering the above facts and circumstances of the
case and also that the suit was filed by the respondent for partition,
the petitioners may be given one more opportunity to defend the suit.
4. Accordingly, this civil revision petition is allowed and the
decretal order and fair order dated 16.02.2018 passed in I.A.No.65 of
2017 in OS.No.29 of 2015 on the file of the Principal District Judge,
Dharmapuri is 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 copy of this
order, failing which the order passed by this Court shall stand
automatically cancelled. Thereafter, the trial court is directed to
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CRP.NPD.No.1579 of 2018
dispose of the suit in OS.No.29 of 2015 within a period of nine months
from the date of receipt of copy of this order. Consequently, connected
miscellaneous petition is closed. No order as to costs.
14.06.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lok
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CRP.NPD.No.1579 of 2018
To
The Principal District Judge,
Dharmapuri
https://www.mhc.tn.gov.in/judis/
CRP.NPD.No.1579 of 2018
G.K.ILANTHIRAIYAN,J.
lok
CRP.NPD.No.1579 of 2018
14.06.2021
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