Madras High Court
Arulmigu Sri Vembadi ... vs The Government Of Tamil Nadu on 6 July, 2023
C.R.P.(MD).No.8 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
C.R.P.(NPD)(MD)No.8 of 2018
and
C.M.P(MD) No.43 of 2018
Arulmigu Sri Vembadi Sudalaimadsamy Deity
Arulmigu Sri Vembadi Sudalaimandasamy Kovil,
Kottarakurichi,
Srivaikuntam Taluk,
Thoothukudi District
Through its Paramparai Tharmakartha/Poosari
Muthukaruppan @ Velayutham
S/o.Late Theivathadiya Pillai,
Door No.1/103, Utchimahali Amman Kovil Street,
Kottarakurichi,
Srivaikuntam Taluk. ... Revision Petitioner/
Petitioner/Plaintiff
-vs-
The Government of Tamil Nadu
Through its District Collector,
Korampallam,
Thoothukudi District. ... Respondent/
Respondents/Defendant
PRAYER: Civil Revision Petition is filed under Section 115 of C.P.C, against
the fair and decretal order made in I.A.No.239 of 2017 in O.S.No.219 of
2011, dated 23.06.2017, on the file of the District Munsif Court,
1/6
https://www.mhc.tn.gov.in/judis
C.R.P.(MD).No.8 of 2018
Srivaikundam.
For Petitioner : Mr.S.Vellaichamy
For Respondent : Mr.G.Suriyananth
Additional Government Pleader
ORDER
The present Civil Revision Petition has been filed by the petitioner/
plaintiff under Section 115 of C.P.C, against the fair and decreetal order
made in I.A.No.239 of 2017 in O.S.No.219 of 2011, dated 23.06.2017, on the
file of the District Munsif Court, Srivaikundam.
2. The revision petitioner is the plaintiff before the trial Court. He filed
a suit for declaration and consequential injunction.
3. According to the petitioner, the suit was dismissed for default on
28.06.2016. However, he has filed an application for restoration with a delay
of 82 days. The petitioner has prayed the trial Court to condone the delay, on
the ground that he was suffering from fever and leg pain. However, the
learned trial Judge, while rejecting the plea of the petitioner, relied upon the
various Circulars of the High Court.
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C.R.P.(MD).No.8 of 2018
4. This Court has perused the R.O.Cs, which have been referred to by
the learned trial Judge. In the above R.O.Cs, this Court has directed the
District Judiciary to dispose of the old matters in a time bound manner.
However, in the impugned order, though the learned trial Judge referred all
the circulars, did not advert any reasons as to why she has disbelieved the
statement of the petitioner.
5. Here the very delay is only 82 days. Further what the petitioner
wants an order on merit. Every one may affect by illness, and in such an event
there may be some delay. It is a settled proposition of law that the word
“Sufficient Cause” shall receive a liberal construction, so as to advance
substantial justice. At this juncture, it is useful to refer the judgment of the
Hon'ble Supreme Court reported in AIR 1969 SC 575 (Shakuntala Devi Jain
Vs Kuntal Kumari).
6. Therefore, this Court is of the considered opinion that the impugned
order is liable to be interfered with, thereby, allowing the application for
condoning the delay of 82 days. However, this Court would like to test to the
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C.R.P.(MD).No.8 of 2018
bonafide of the petitioner by awarding costs.
7. In the result, this Civil Revision Petition stands allowed thereby
condoning the delay, on condition that the petitioner shall pay a sum of
Rs.2,000/- (Rupees Two Thousand only) to the Tamil Nadu State Legal
Services Authority, Madurai Bench of Madras High Court, Madurai, within a
period of four weeks from the date of receipt of the copy of this order, failing
which, the Civil Revision Petition stands dismissed without any further
reference to the order of this Court. Both parties are directed to co-operate for
the early disposal of the case, since the matter is of the year 2011. There shall
be no order as to costs. Consequently connected Miscellaneous Petition is
closed.
06.07.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
C.R.P.(MD).No.8 of 2018
To
1. The District Munsif Court,
Srivaikundam.
2. The District Collector,
Korampallam,
Thoothukudi District.
Copy to:
1. The Registrar (Judicial)
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD).No.8 of 2018
C.KUMARAPPAN,J.
ebsi
C.R.P(NPD)(MD)No.8 of 2018
06.07.2023
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