Madras High Court
L.Saravanan vs Mahendran on 11 January, 2023
C.R.P.No.1796 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
C.R.P.No.1796 of 2019
and C.M.P.No.11781 of 2019
L.Saravanan ... Petitioner
Vs.
Mahendran ... Respondent
Prayer : Civil Revision Petition is filed under Article 227 of the Constitution
of India, to set aside the fair and decreetal order in I.A.No.303 of 2018 in
O.S.No.288 of 2014 dated 04.01.2019 passed by the learned Subordinate
Judge, Uthangarai and thereby allow the Civil Revision Petition.
For Petitioner : Mr.B.Gopalakrishnan
For Respondent : M/s.M.A.R.Pragash
Mr.D.S.Ravikumar
1/6
https://www.mhc.tn.gov.in/judis
C.R.P.No.1796 of 2019
ORDER
This Civil Revision Petition has been filed by the defendant against the
fair and decreetal order passed in I.A.No.303 of 2018 in O.S.No.288 of 2014
by the Sub Court, Uthangarai, dated 04.01.2019, dismissing the application
filed under Section 5 of the Limitation Act to condone the delay of 908 days
in filing the petition to set aside the ex-parte decree.
2.Heard Mr.B.Gopalakrishnan, learned counsel appearing on behalf of
the petitioner and Mr.M.A.R.Pragash, learned counsel appearing on behalf of
the respondent.
3.The respondent/plaintiff filed a suit for recovery of money. The suit
was decreed ex-parte through Judgment and Decree dated 14.09.2015. The
petitioner filed I.A.No.303 of 2018 under Section 5 of the Limitation Act to
condone the delay of 908 days in filing the petition to set aside the ex-parte
decree.
https://www.mhc.tn.gov.in/judis
C.R.P.No.1796 of 2019
4.The Court below dismissed the application mainly on the ground that
the notice was served on the petitioner in the suit and the petitioner also filed
the written statement in the suit and the case was at the stage of examination
of PW1. The petitioner did not take any steps to cross-examine PW1 and
failed to appear before the Court and hence, the petitioner was set ex-parte on
07.09.2015 and the ex-parte Decree was passed on 14.09.2015. The Court
below did not find any reasonable cause for condoning such an exorbitant
delay.
5.In the considered view of this Court, the order passed by the Court
below does not suffer from any illegality or infirmity, warrenting the
interference of this Court in exercise of its jurisdiction under Article 227 of the
Constitution of India. That apart, it is brought to the notice of this Court that
the Decree has already been put to execution by the respondent in E.P.No.21
of 2018 before the Sub Court, Uthangarai and out of the total Decree amount
of Rs.2,96,000/-, till date, the respondent has settled a sum of Rs.40,000/-
The case is being posted from time to time before the Execution Court to
https://www.mhc.tn.gov.in/judis
C.R.P.No.1796 of 2019
enable the respondent to settle the amount to the petitioner. This is yet
another reason as to why this Court does not want to interfere with the order
passed by the Court below.
6.In the result, this Civil Revision Petition stands dismissed. No Costs.
Consequently, connected miscellaneous petition is closed.
11.01.2023
Internet : Yes ./ No
Index : Yes ./ No
Speaking Order / Non Speaking Order
Neutral Citation Case : Yes ./ No
ssr
https://www.mhc.tn.gov.in/judis
C.R.P.No.1796 of 2019
To
The Subordinate Judge,
Uthangarai.
https://www.mhc.tn.gov.in/judis
C.R.P.No.1796 of 2019
N. ANAND VENKATESH, J.
ssr
C.R.P.No.1796 of 2019
and C.M.P.No.11781 of 2019
11.01.2023
https://www.mhc.tn.gov.in/judis
