Madras High Court
Rajendiran vs Rajeshwari on 29 June, 2021
C.R.P.(NPD) No.4129 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.(NPD) No.4129 of 2018
and C.M.P.No.22743 of 2018
1.Rajendiran
2.Mala
3.The Sub Registrar,
Sub Registrar Office, Nemali,
Arakkonam Taluk,
Vellore District. ... Petitioners
Vs
Rajeshwari ... Respondent
Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure
Code, against the order and decreetal order passed in I.A.No.436 of 2017 in
O.S.No.75 of 2015 on the file of the Subordinate Judge, Arakkonam dated
06.08.2018.
1/5
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.4129 of 2018
For Petitioners : Mr.S.Prabhu
For Respondent : Mr.K.U.Sale Murugan
**********
ORDER
The Civil Revision Petition is filed against the order and decreetal
order passed in I.A.No.436 of 2017 in O.S.No.75 of 2015 on the file of the
Subordinate Judge, Arakkonam dated 06.08.2018, thereby dismissing the
petition to condone the delay 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 a suit for recovery of possession in respect of
the suit property. The petitioners failed to file the written statement and as
such, they were set exparte and exparte decree was passed. Therefore, the
petitioners filed a petition to set aside the exparte decree with the delay of
379 days.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.4129 of 2018
3. On a perusal of the affidavit filed in support of the condone delay
petition, it is revealed that when the suit was posted on 09.06.2016 for filing
written statement, the second petitioner herein fell ill due to viral fever.
Therefore, they were not able to contact their counsel to file their written
statement in the suit. Therefore, they were set exparte and exparte Judgment
was passed on 12.09.2016.
4. The Court below dismissed the petition on the ground that no
sufficient reasons were stated in the affidavit filed in support of the condone
delay petition.
5. The suit was filed for recovery of possession and as such the
petitioners may get one more opportunity to defend the suit.
6. Accordingly, the order passed in I.A.No.436 of 2017 in O.S.No.75
of 2015 on the file of the Subordinate Judge, Arakkonam dated 06.08.2018
is set aside, on condition that the petitioners are directed to pay a sum of
Rs.5000/- (Rupees Five Thousand only) as costs to the respondent within a
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.4129 of 2018
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 dispose of the suit within a
period of nine months from the date of receipt of a copy of this order.
7. Accordingly, this Civil Revision Petition is allowed.
Consequently, the connected miscellaneous petition is closed. No order as
to costs.
29.06.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
The Subordinate Judge,
Arakkonam.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD) No.4129 of 2018
G.K.ILANTHIRAIYAN. J,
rna
C.R.P.(NPD) No.4129 of 2018
and C.M.P.No.22743 of 2018
29.06.2021
https://www.mhc.tn.gov.in/judis/
