V.Govindasamy vs T.Kumaresan
2022 Latest Caselaw 6754 Mad

                                                                                      CRP(PD).No.947 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED : 31.03.2022
                                                         CORAM:

                                     THE HONOURABLE MS.JUSTICE P.T.ASHA

                                               C.R.P. (PD) No.947 of 2022

                  V.Govindasamy                                                              ...Petitioner

                                                               Vs.


                  T.Kumaresan                                                              ...Respondent

                  Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
                  India praying allow the Civil Revision Petition as prayed for by setting aside
                  the petition order dated 17.11.2021 passed in I.A.No.1/2019 in O.S.No.19
                  of 2019 on the file of the Principal District Judge, Chengelpet.


                                        For Petitioner     :         Mr.N.Srirengan

                                                       ORDER

Aggrieved by the order of the Principal District Court, Chengelpet in

allowing I.A.No.1 of 2019 in O.S.No.19 of 2019 filed by the defendant to

set aside the exparte order dated 13.08.2019 plaintiff is before this Court.

The facts in brief are as follows;

2. The plaintiff had filed a suit for recovery of money. In the said suit,

the defendant / respondent had been set exparte on 13.08.2019, as he

had not appeared on the said date and filed his written statement.

Immediately on 13.09.2019, the defendant has come forward with

https://www.mhc.tn.gov.in/judis CRP(PD).No.947 of 2022

impugned petition in which he has stated that he was not well on the said

date and could not appear and had a prolonged illness for which he was

unable to contact his counsel. Therefore, he had sought to have the

exparte order set aside.

3. The said application was resisted by the respondent / plaintiff

denying the statement contained in the affidavit about the illness, the

plaintiff in the counter had stated that during the months of July, 2019 and

August, 2019, the defendant was attending to his construction work in his

land at Vellore. He has been travelling everyday for about 160 K.M.

Therefore, the allegations are absolutely false and the petition deserves to

be dismissed.

4. The learned Principal District Judge after perusing the records and

hearing the arguments allowed the petition taking into account the fact

that the defendant had approached the Court without any undue delay.

Therefore, in order to avoid multiplicity of proceedings, the application was

allowed. Challenging the same, the plaintiff has filed instant Civil Revision

Petition.

5. The learned counsel for the plaintiff has reiterated the statement

https://www.mhc.tn.gov.in/judis CRP(PD).No.947 of 2022

made before the Trial Court and has quoted several judgments to buttress

his statement that the petition ought not to have been allowed.

6. Heard Mr.N.Srirengan, learned counsel for the petitioner.

7. The proceedings would clearly indicate that the defendant had

been set exparte by order dated 13.08.2019 and within 30 days, an

application to set aside the exparte order has been filed. Further the order

that has been passed is only an exparte order and not an exparte decree.

The defendant has also filed written statement along with the application.

8. In these circumstances and taking into account the various

judgments of the Hon'ble Supreme Court, which leans in favour of the

defendant advocating a more liberal approach while dealing with petitions

for condonation of delay, the order passed by the learned Principal District

Judge, Chengalpet in I.A.No.1 of 2019 in O.S.No.19 of 2019 does not suffer

any infirmity and accordingly the present Civil Revision Petition stands

dismissed. No costs.

31.03.2022 Index: Yes/No Internet: Yes/No mrm

https://www.mhc.tn.gov.in/judis CRP(PD).No.947 of 2022

P.T.ASHA,J., mrm

To The Principal District Judge, Chengelpet.

C.R.P. (PD) No. 947 of 2022

31.03.2022

https://www.mhc.tn.gov.in/judis