Jeyamani vs The President
2021 Latest Caselaw 12262 Mad

                                                                             C.R.P (PD) No.2298 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 23.06.2021

                                                       CORAM:

                                   THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                             C.R.P (PD) No.2298 of 2018
                                                        and
                                              C.M.P.No.14352 of 2018

                     Jeyamani                                                    ... Petitioner

                                                            Vs.

                     The President,
                     Somayampalayam Panchayat,
                     Periyanayakanpalayam Union,
                     Rep.by Secretary Ananthakumar.                              ... Respondent

                     Prayer : Civil Revision Petition is filed under Section 115 of the Civil
                     Procedure Code, to allow the Civil Revision Petition by setting aside the
                     judgment and decretal order dated 07.04.2018 in I.A.No.647 of 2017 in
                     O.S.No.291 of 2014 on the file of the Second Additional Subordinate
                     Judge of Coimbatore.

                                           For Petitioner     : Mr.P.V.Selvarajan for
                                                                Mr.R.Aranganathan

                                           For Respondent     : Mr.L.Mouli




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                                                                                C.R.P (PD) No.2298 of 2018


                                                        ORDER

This Civil Revision Petition is directed against the fair and

decretal order passed in I.A.No.647 of 2017 in O.S.No.291 of 2014 dated

07.04.2018 on the file of the learned Second Additional Subordinate

Judge, Coimbatore, thereby allowing the petition to condone the delay in

filing the application to set aside the ex-parte decree.

2. The petitioner is the plaintiff and the respondent is the third

defendant. The petitioner filed the suit for declaration and bare injunction

in respect of the suit property. Thereafter, the respondent herein failed to

appear before the Trial Court and as such, he was set ex-parte and the

ex-parte decree was passed on 05.10.2016. Therefore, the respondent

filed a petition to set aside the ex-parte decree with a delay of 237 days.

3. On a perusal of the affidavit filed in support of the condone

delay petition, it reveals that the suit summons were served on the

assistant of the Panchayat president and the same was not informed to the

respondent. Therefore, he was not able to appear before the trial Court.

When the petitioner on the strength of the ex-parte decree with rowdy

elements attempted to enter into the suit property, the respondent came to

understand about the ex-parte decree. Therefore, the Court below rightly https://www.mhc.tn.gov.in/judis/

C.R.P (PD) No.2298 of 2018

allowed the petition to condone delay in filing the set aside the ex-parte

decree and this Court finds no infirmity or illegality in the order passed

by the Court below.

4. Accordingly, this Civil Revision Petition is dismissed. However,

the trial Court is directed to dispose of the suit, within a period of six

months from the date of receipt of a copy of this order. Consequently, the

connected Miscellaneous Petition is closed. No costs.

23.06.2021 kv

Index :Yes/No Internet : Yes/No To

1. The Second Additional Subordinate Judge, Coimbatore.

2. The Section Officer, V.R. Section, High Court of Madras.

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C.R.P (PD) No.2298 of 2018

G.K.ILANTHIRAIYAN,J.

kv

C.R.P (PD) No.2298 of 2018

23.06.2021

https://www.mhc.tn.gov.in/judis/