Madras High Court
Govindharaj vs Selvaraj on 6 September, 2022
C.R.P.(NPD).No.769 of 2020
and C.M.P.No.4095 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
C.R.P.(NPD).769 of 2020
and
C.M.P.No.4095 of 2020
Govindharaj ... Petitioner
Vs.
Selvaraj ... Respondent
Prayer : Civil Revision Petition filed under Section 115 of the Code of
Civil Procedure against the orders dated 29.07.2019 passed in
I.A.No.1141 of 2018 in O.S.No.24 of 2013 on the file of the Subordinate
Judge, Kallakurichi.
For Petitioner : Mr.R.Agilesh for
Mr.T.Dhanasekaran
JUDGMENT
The present revision petition is filed against the order passed in
I.A.No.1141 of 2018 in O.S.No.24 of 2013 on the file of the Subordinate
Judge, Kallakurichi.
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD).No.769 of 2020
and C.M.P.No.4095 of 2020
2. The suit in O.S.No.24/2013 was filed by the
respondent/plaintiff for recovery of money due under a promissory note.
The revision petitioner/defendant filed a written statement stating that he
did not receive any amount from the plaintiff. Subsequently, after
framing of issues in the suit, the suit was posted for trial on 06.07.2015,
on which date the defendant did not appear before the Court and
therefore, he was set ex parte and an ex parte decree was passed on the
same date. Thereafter, the respondent/plaintiff filed a execution petition
in E.P.No.66/2016 for arresting the revision petitioner/defendant in the
year 2016. Thereafter, the revision petitioner/defendant filed a petition to
set aside the ex parte decree passed in O.S.No.24/2013 along with a
petition in I.A.No.1141/2018 to condone the delay of 446 days in filing
the petition to set aside the ex parte decree. After full contest, the said
petition was dismissed by the learned Subordinate Judge, Kallakurichi,
vide his order dated 29.07.2019. The main contention of the revision
petitioner in I.A.No.1141/2018 was that he was bedridden due to
jaundice and that he was taking native treatment. The learned
Subordinate Judge observed that the revision petitioner did not adduce
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD).No.769 of 2020
and C.M.P.No.4095 of 2020
any documentary evidence to show that he was suffering from jaundice
for more than 1½ years and dismissed the application. Aggrieved over
the same, the present Civil Revision Petition has been filed by the
defendant.
3. Though the notice was served on the respondent and his
name is printed in the cause list, there is no representation on behalf of
the respondent.
4. Heard, Mr.R.Agilesh learned counsel for the revision
petitioner. His contention is that since the petitioner was taking native
treatment he could not adduce any documentary evidence and this has
not been taken into account by the learned Subordinate Judge,
Kallakurichi.
5. As per Section 5 of the Limitation Act each day's delay has
to be explained and in the instant case, the revision petitioner had filed
his written statement and when the matter was posted for trial, he did not
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD).No.769 of 2020
and C.M.P.No.4095 of 2020
appear before the Court. He did not even make any attempt to contact his
counsel on record and only after filing of execution petition by the
plaintiff, he approached the Court and filed the petition to set aside the
ex parte decree passed in O.S.No.24/2013 along with petition in
I.A.No.1141/2018 to condone delay.
6. In the circumstances, as rightly pointed out by the trial
Court, the revision petitioner wants to drag on the proceedings as far as
possible. In any event the petitioner has not shown sufficient cause for
condoning the delay of 446 days in filing the petition under Order IX
Rule 13 of the Code of Civil Procedure. In the circumstances, the
revision petition fails and is therefore dismissed. No costs. Consequently,
connected civil miscellaneous petition is closed.
06.09.2022
Index: Yes/No
Internet: Yes/No
Speaking/Non-Speaking order
mtl
https://www.mhc.tn.gov.in/judis
C.R.P.(NPD).No.769 of 2020
and C.M.P.No.4095 of 2020
R. HEMALATHA, J.
mtl
To
The Subordinate Court, Kallakurichi.
C.R.P.(NPD).769 of 2020
and C.M.P.No.4095 of 2020
06.09.2022
https://www.mhc.tn.gov.in/judis
