Dhaksinamoorthy vs Velayutham
2021 Latest Caselaw 6437 Mad

                                                                            C.R.P.(NPD)No.996 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 10.03.2021

                                                          CORAM

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

                                                C.R.P.(NPD) No.996 of 2017

                      Dhaksinamoorthy                                             ... Petitioner

                                                             Vs.
                      Velayutham                                                  ... Respondent

                      Prayer :- Civil Revision Petitions are filed under Section 115 of C.P.C., to
                      set a side the fair and decretal order dated 14.11.2016 passed in I.A.No.55
                      of 2016 in unnumbered A.S., on the file of the Subordinate Judge,
                      Nagapattinam.
                                            For Petitioner  : Mr.K.Govi Ganesan
                                            For Respondent  : Mr.C.Prabakaran
                                                              For Mr.Ln.V.Kasinatha Bharathi
                                                          ORDER

This Civil Revision Petition has been filed as against the fair

and decreetal orders dated 14.11.2016 passed by the learned Subordinate

Judge, Nagapattinam in I.A.No.55 of 2016 in unnumbered A.S., thereby

dismissing the petition to condone the delay in filing the appeal suit.

2. The respondent is the plaintiff and he filed suit in O.S.105 of

http://www.judis.nic.in C.R.P.(NPD)No.996 of 2017

2008 as against the petitioner for recovery of money. The suit was decreed

by the judgment and decree dated 30.06.2015 as against the petitioner.

Aggrieved by the same, the petitioner filed appeal suit with the delay of 330

days in filing the appeal. The appellate Court dismissed the said petition and

as against which the present Civil Revision Petition.

3. On perusal of affidavit filed in support of the petition to

condone the delay, it was stated that the petitioner was suffering from

jaundice and as such he could not able to contact his counsel and he was not

able to file appeal suit in time. The Court below dismissed the said petition

for the reason that the petitioner failed to examine the doctor, who treated

him for jaundice and also he did not produce any relevant documents to

prove that the petitioner was suffering from jaundice.

4. It is seen that the petitioner was taking country treatment as

such no doctor could be examined and no medical records could be

produced. Considering the said fact, the petitioner may be given one more

opportunity to avail his appeal remedy with some conditions. Accordingly,

http://www.judis.nic.in C.R.P.(NPD)No.996 of 2017

the order dated 14.11.2016 passed by the learned Subordinate Judge,

Nagapattinam in I.A.No.55 of 2016 in unnumbered A.S., is hereby set aside,

on condition that the petitioner shall pay a sum of Rs.5,000/- (Rupees five

thousand only) as costs to the respondent directly within a period of two

weeks from the date of receipt of copy of this Order, failing which this order

shall stand automatically cancelled. After complying the said condition, the

appellate Court viz., the learned Subordinate Judge, Nagapattinam, is

directed to number the appeal suit and dispose the same within a period of

six months thereafter.

5. With the above directions, the Civil Revision Petition stands

allowed. There shall be no order as to costs.

10.03.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order

rts

http://www.judis.nic.in C.R.P.(NPD)No.996 of 2017

G.K.ILANTHIRAIYAN, J.

rts

To

1. The Subordinate Judge, Nagapattinam.

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

C.R.P.(NPD) No.996 of 2017

10.03.2021

http://www.judis.nic.in