Madras High Court
N.Agatheeswaran vs P.Mohan on 29 June, 2021
C.R.P.(PD) No.3880 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.06.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD) No.3880 of 2018
and C.M.P.No.21587 of 2018
N.Agatheeswaran ... Petitioner
Vs
P.Mohan ... Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution
of India, against the fair and decreetal order dated 09.02.2018 made in
I.A.No.670 of 2014 in O.S.No.1367 of 2010 on the file of the learned
Principal District Munsif Court, Coimbatore.
For Petitioner : Mr.A.Deivasigamani
for M/s.S.Saravanan
For Respondent : Mr.R.Bharath Kumar
**********
1/5
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD) No.3880 of 2018
ORDER
The Civil Revision Petition is filed against the fair and decreetal
order dated 09.02.2018 made in I.A.No.670 of 2014 in O.S.No.1367 of
2010 on the file of the learned Principal District Munsif Court, Coimbatore,
thereby dismissing the petition to condone the delay in filing the petition to
set aside the exparte decree.
2. The petitioner is the defendant and the respondent is the plaintiff.
The respondent filed a suit for permanent injunction in respect of the suit
property. After filing the written statement, the petitioner / defendant failed
to appear before the Trial Court and as such, he was set exparte and exparte
Judgment and Decree was passed on 11.04.2011.
3. On the strength of the exparte decree, the respondent filed
Execution Petition in E.P.No.49 of 2011. On receipt of the notice in the
Execution Petition, the petitioner filed the petition to set aside the exparte
decree passed in the suit on 06.02.2012. Thereafter, he also entered
appearance in the Execution Court and filed his counter.
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C.R.P.(PD) No.3880 of 2018
4. On a perusal of the affidavit filed in support of the condone delay
petition, it is revealed that after filing the written statement he fell ill due to
Jaundice and he was taking treatment in his native place. Therefore, he was
not able to appear before the Trial Court and he was set exparte and the
exparte Judgment was passed on 11.04.2011.
5. On a perusal of the exparte Judgment passed in the suit, it is
revealed that the Court below did not even frame any issues and without
determining any points for consideration, simply allowed the suit.
Therefore, the exparte Judgment dated 11.04.2011 is not in consonance
under Order 20 Rule 4 of CPC. Considering the above facts and
circumstances, this Court is inclined to give one more opportunity to the
petitioner to defend his case.
6. The order dated 09.02.2018 passed in I.A.No.670 of 2014 in
O.S.No.1367 of 2010 on the file of the learned Principal District Munsif
Court, Coimbatore is set aside, on condition that the petitioner is directed to
pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs to the
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD) No.3880 of 2018
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
automatically stand cancelled. On such payment, the Court below is
directed to proceed with the trial and complete the same within a period of
six months from the date of receipt of a copy of this order.
7. Accordingly, this Civil Revision Petition is allowed. No order as
to costs. Consequently, the connected miscellaneous petition is closed.
29.06.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
The Principal District Munsif Court,
Coimbatore.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD) No.3880 of 2018
G.K.ILANTHIRAIYAN. J,
rna
C.R.P.(PD) No.3880 of 2018
and C.M.P.No.21587 of 2018
29.06.2021
https://www.mhc.tn.gov.in/judis/
