The President vs Amulraj
2021 Latest Caselaw 5712 Mad

                                     C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED : 04.03.2021

                                 CORAM

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

               C.R.P.(NPD) Nos.3435, 3436 & 3495 of 2015
                       and M.P.Nos.1 & 1 of 2015

CRP(NPD).No.3435 of 2015

The President
TYSPL, 191, Kadoor Primary
Agricultural Co-operative Credit Society,
Kadoor Village, Kunnam Taluk,
Perambalur District.                                     ... Petitioner

                                    Vs.
T.Pichaipillai (died)
1. Amulraj
2. Muruganatham
3. The Joint Registrar,
   Co-operative Department,
   Perambalur.
4. The Deputy Registrar,
   Co-operative Department,
   Ariyalur.
5. The Special Officer,
   Co-operative Department,
   Kadoor.                                               ... Respondents

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

Prayer :- Civil Revision Petitions are filed under Article 227 of Constitution of India, to set aside the fair and decreetal orders dated 15.07.2015 passed in I.A.Sr.No.5210 of 2014 in O.S.No.8 of 2009, on the file of the Principal District Court, Perambalur.

For Petitioner : Mr.M.S.Palaniswamy For Respondents For R1 & R2 : Mr.R.Venkatesalu For Ms.Usha Raman For R3 & R4 : Mr.S.Jaganathan Government Advocate (CS) For R5 : Not ready in notice.

CRP(NPD).No.3436 of 2015

The President TYSPL, 191, Kadoor Primary Agricultural Co-operative Credit Society, Kadoor Village, Kunnam Taluk, Perambalur District. ... Petitioner

Vs.

T.Pichaipillai (died)

1. Amulraj

2. Muruganatham

3. The Joint Registrar, Co-operative Department, Perambalur.

4. The Deputy Registrar, Co-operative Department, Ariyalur.

5. The Special Officer,
   Co-operative Department,
   Kadoor.                                                 ... Respondents

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

Prayer :- Civil Revision Petitions are filed under Article 227 of Constitution of India, to set aside the fair and decreetal orders dated 15.07.2015 passed in I.A.Sr.No.5209 of 2014 in O.S.No.8 of 2009 respectively, on the file of the Principal District Court, Perambalur.

For Petitioner : Mr.M.S.Palaniswamy For Respondents For R1 & R2 : Mr.R.Venkatesalu For Ms.Usha Raman For R3 & R4 : Mr.S.Jaganathan Government Advocate (CS) For R5 : Not ready in notice.

CRP(NPD).No.3495 of 2015

1. The Joint Registrar of Co-operative Societies, Perambalur.

2. The Deputy Registrar of Co-operative Societies, Ariyalur.

3. The Special Officer,
   Co-OP, Kadoor.                                          ... Petitioners
                                      Vs.
T.Pichaipillai (died)
1. Amulraj
2. Muruganatham                                            ... Respondents

Prayer :- Civil Revision Petitions are filed under Section 115 of C.P.C., to set aside the order dated 19.08.2015 made in E.A.No.37 of 2015 in E.P.No.09 of 2015 in O.S.No.08 of 2009 on the file of the Principal District Court, Perambalur.

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

For Petitioners : Mr.S.Jaganathan Government Advocate (CS) For Respondents For R1 & R2 : Mr.R.Venkatesalu For Ms.Usha Raman

COMMON ORDER

CRP(NPD).Nos.3435 & 3456 of 2015

These Civil Revision Petitions have been filed as against the

fair and decreetal orders dated 15.07.2015 passed by the learned Principal

District Judge, Perambalur, in I.A.Sr.No.5210 & 5209 of 2014 in O.S.No.8

of 2009 respectively, thereby dismissing the petition to implead the

petitioner as proposed defendant in the suit and the petition to set aside the

exparte decree.

2. In both the Civil Revision Petitions, the petitioner is the

proposed party in the suit filed by the deceased respondent herein as against

the respondents 3 to 5 herein, for claiming termination benefits to the tune

of Rs.11,68,965/- with interest at the rate of 12% per month. In the said suit

the respondents 3 to 5 were set exparte and the suit was decreed as prayed

for. Therefore, the petitioner being the President of the Co-operative

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

Society, filed petition to impleade himself as party to the suit and also set

aside the exparte decree. The trial Court dismissed both the petitions, as

against which these Civil Revision Petitions have been filed.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is elected as President of the Agricultural Co-operative

Credit Society, situated at No.191, Kadoor Primary, Kadoor Village,

Kunnam Taluk, Perambalur District. When the civil suit itself bared from

claiming terminal benefits for the co-operative society employees, the

deceased plaintiff filed suit claiming terminal benefits as against the

respondents 3 to 5, who are the Joint Registrar, Deputy Registrar of the Co-

operative Department and the third defendant is the Special Officer of Co-

operative Department of Kadoor Village. The deceased respondent and the

respondents 3 to 5 colluded each other and failed to appear before the trial

Court. Therefore, they were set exparte and did not contest the suit on

merits and they wantonly failed to appear before the trial Court.

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

3.1. In the mean while, the petitioner was elected as President of

Agricultural Co-operative Credit Society and to safeguard the interest of the

Society, he filed petitions to implead himself as party to the suit and also to

set aside the exparte decree dated 18.07.2014. Unfortunately, due to the

counsel mistake, the petition to implead was dismissed for defalut without

even before numbering the same. In view of the said dismissal order, the

petition to set aside exparte decree also dismissed. He further submitted that

only to safe guard the interest of the Society, he may be given one more

opportunity to contest the suit in accordance with law.

4. Per contra, the learned counsel appearing for the respondents

would submit that the petitioner herein is none other than the Secretary who

already suspended the deceased respondent herein. Thereafter, after due

enquiry, the deceased respondent was reinstated into service. After his

retirement, he was not paid any terminal benefits as such the deceased

respondent no other opinion to file suit for recovery of money. Though the

petitioner was elected as president of the Society, even before that all the

defendants viz., the respondents 3 to 5 herein were set exparte and on the

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

strength of the decree, the legal representatives of the deceased plaintiff

viz., the respondents 1 & 2 filed execution petition. In fact, in execution

petition, the respondents 3 to 5 herein filed petition to set aside the exparte

decree passed in the suit.

4.1. He further submitted that in fact, the fifth respondent herein

filed his written statement in the suit and thereafter failed to contest the suit

as such they were set exparte in the suit on 08.01.2010 and the exparte

decree was passed on 08.01.2010 itself. Thereafter they filed petition to set

aside exparte decree and the same was allowed on 25.06.2012. Again they

were set exparte and the exparte decree was passed on 18.07.2014. Insofar

as the petitioner is concerned after filing the petition to implead himself as

party to the suit, he failed to pursue the application and it was dismissed as

default on 15.07.2015. In respect of the petition to set aside the exparte

decree is concerned, the said petition also dismissed in the SR stage.

Therefore, he prayed for dismissal of both the petitions.

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

5. Heard Mr.M.S.Palaniswamy, learned counsel appearing for the

petitioner, Mr.R.Venkatesalu, learned counsel appearing for the respondents

1 & 2 and Mr.S.Jaganathan, learned Government Advocate (CS) appearing

for the respondents 3 & 4.

6. In both the Civil Revision Petitions, the petitioner is the

proposed party in the suit filed by the deceased respondent for his terminal

benefits as against the respondents 3 to 5 herein. On perusal of records

revealed that fifth respondent filed written statement and thereafter they

were set exparte. In pursuant to the exparte order, exparte decree was

passed on 08.01.2010 and thereafter they filed petition to set aside the

exparte order and the same was allowed on 25.06.2012. Again they were set

exparte and the exparte decree was passed on 18.07.2014. In the meanwhile

the petitioner herein was elected as president of Agricultural Co-operative

Credit Society and he filed petition to implead himself as party to the suit

and also filed petition to set aside exparte decree dated 18.07.2014.

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

7. The learned counsel appearing for the petitioner contended that

the petitioner being the elected body, he has to safeguard the interest of the

Society. All other respondents 3 to 5 were colluded with the deceased

respondent and failed to contest the suit and failed to appear before the

Court below and allowed the suit to pass exparte decree.

8. On perusal of records revealed that the petitioner after filing

the petition to implead himself as party, failed to appear before the trial

Court as such the said application was dismissed as default on 15.07.2015

itself. On 18.07.2014, all the defendants viz., the respondents 3 to 5 herein

were set exparte and exparte decree was passed by the trial Court.

Therefore, the petitioner without impleade himself as proposed party to the

suit, he has no locus standi to challenge the exparte decree. Though the

petitioner represented himself as elected president of the Agricultural Co-

operative Credit Society, the person who represented the said Society was

already set exparte viz., the fifth respondent herein and as such the

petitioner cannot file any petition to set aside the exparte decree. Therefore,

this Court finds no illegality or irregularity in the order passed by the Court

below.

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

9. Accordingly, both the Civil Revision Petitions are dismissed.

However, the petitioner is at liberty to file appropriate petition before the

Execution Court in the manner known to law. There shall be no order as to

costs. Consequently, connected miscellaneous petition is closed.

C.R.P.NO.3495 of 2015

10. This Civil Revision Petition has been filed as against the order

dated 19.08.2015 passed by the learned Principal District Judge, Perambalur

in E.A.No.37 of 2015 in E.P.No.09 of 2015 in O.S.No.08 of 2009, thereby

dismissing the petition to set aside the exparte order passed in suit.

11. As discussed above, the petitioners are the defendants in the

suit filed by the deceased respondent for terminal benefits. They were set

exparte by the judgment and decree dated 18.07.2014. On the strength of

the exparte decree, the legal heirs of the deceased respondent viz., the

respondents 1 & 2 filed execution petition in E.P.No.09 of 2015 before the

Execution Court. While pending the execution petition, the petitioners filed

petition to set aside the exparte order passed in the suit in O.S.No.08 of

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

2009. Instead of filing the petition in the suit, they filed petition in the

execution proceedings. Even in the execution proceedings, the petitioners

failed to pursue their application. Therefore, the trial Court rightly

dismissed the said petition by an order dated 19.08.2015. As discussed

above, this Court finds no illegality or infirmity in the order passed by the

Court below.

12. Accordingly, the Civil Revision Petition in C.R.P.No.3495 of

2015 also stands dismissed. There shall be no order as to costs.

Consequently, connected miscellaneous petition is closed.

04.03.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order

rts

C.R.P.(NPD)Nos.3435, 3436 & 3495 of 2015

G.K.ILANTHIRAIYAN, J.

rts

To

1. The District Munsif, Paramathi.

2. The Joint Registrar, Co-operative Department, Perambalur.

3. The Deputy Registrar, Co-operative Department, Ariyalur.

4. The Special Officer, Co-operative Department, Kadoor.

5. The Section Officer, V.R. Section, Madras High Court, Chennai.

C.R.P.(NPD) Nos.3435, 3436 & 3495 of 2015 and M.P.Nos.1 & 1 of 2015

04.03.2021