Madras High Court
M.Chellameena vs P.Subbiah on 9 March, 2021
CRP(MD)No.425 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
CRP(MD)No.425 of 2021
and
CMP(MD)No.2316 of 2021
M.Chellameena ... Petitioner
vs.
P.Subbiah ... Respondent
Petition filed under Section 115 of the Civil Procedure Code, to set
aside the order passed in I.A.No.113 of 2020 in I.A.No.232 of 2016 in
O.S.No.556 of 2014 dated 11.12.2020 on the file of Subordinate Judge,
Melur.
For Petitioner : Mr.M.V.Venkatashesan
ORDER
This revision petition has been filed to set aside the order passed
in I.A.No.113 of 2020 in I.A.No.232 of 2016 in O.S.No.556 of 2014
dated 11.12.2020 on the file of Subordinate Judge, Melur.
https://www.mhc.tn.gov.in/judis/
CRP(MD)No.425 of 2021
2.The respondent/plaintiff filed a suit for specific performance
against the petitioner/defendant. The suit was decreed exparte. The
petitioner filed a petition in I.A.No.232/2016 to condone the delay in
filing the petition to set aside the exparte decree. The condone delay
petition was dismissed for default. The petitioner filed the present
petition in I.A.No.113/2020 to condone the delay of 1153 days in filing
the restoration petition to restore I.A.No.232/2016 which was dismissed,
against which, this revision petition is filed.
3.The learned counsel for the petitioner would state that the
learned Judge failed to note that unfortunate circumstances forced the
petitioner to leave the native which resulted in the above delay. He
would further state that mere participation of the petitioner in execution
proceedings would not debar her from seeking to set aside the exparte
decree. Thus, he would pray for setting aside the impugned order.
4.Heard the learned counsel for the petitioner. In view of the order
going to be passed, notice to the respondent is not necessary.
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CRP(MD)No.425 of 2021
5.Perusal of record shows that the petitioner remained exparte and
based on the exparte decree, the respondent/plaintiff filed E.P.No.
58/2015 and EP notice was sent to the petitioner/defendant which was
returned and paper publication was effected and she was set exparte and
the EP was also ordered. Thereafter, the respondent has filed E.A.No.
29/2015 for delivery of possession of the suit property, in which also, the
petitioner remained exparte on 14.10.2015 and on the same day, exparte
order was passed. The petitioner filed E.A.No.9/2017 to set aside the
exparte order dated 14.10.2015 passed in E.A.No.29/2015 and also the
exparte order passed in E.P. The petitioner allowed E.A.No.9/2017 for
dismissal for default and thereafter filed E.A.No.1/2019 to restore
E.A.No.9/2017. I.A.No.232/2016 was filed to condone the delay in
filing the petition to set aside the exparte decree. Again, the petitioner
allowed the said petition for dismissal for default. Thereafter, the
petitioner has participated in the EP proceedings by filing petitions in
2017 and after allowing the same to be dismissed, again the petitioner
came forward with the present petition in I.A.No.113/2020 to condone
the delay of 1153 days in filing the restoration petition to restore the
I.A.No.232/2016 which was dismissed for default. The said application
https://www.mhc.tn.gov.in/judis/
CRP(MD)No.425 of 2021
was dismissed, against which, the present revision petition is filed.
6.It is very unfortunate that the petitioner was not diligent enough
to proceed with the matter at any point of time either in E.P or in the suit
and allowed the petitions to get dismissed and thereafter has filed the
present petition with untenable reasons. The reasons assigned by the
petitioner are not acceptable reasons. The learned Judge has rightly
declined to condone the delay. Applying the principles laid down in the
judgment in Esha Bhatterjee vs. Managing Committee of
Raghunathpur reported in 2013 (5) CTC 547, I am not inclined to
interfere with the order passed by the learned Judge.
7.Accordingly, this Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No
Internet : Yes / No
bala/msa 09.03.2021
To
The Principal District Munsif,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis/
CRP(MD)No.425 of 2021
https://www.mhc.tn.gov.in/judis/
CRP(MD)No.425 of 2021
J.NISHA BANU, J.
bala/msa
ORDER MADE IN
CRP(MD)No.425 of 2021
DATED : 09.03.2021
https://www.mhc.tn.gov.in/judis/
