R.Selvaraj vs N.Vasudevan
2023 Latest Caselaw 8438 Mad

                                                                             C.R.P.(NPD)No.2445 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 17.07.2023

                                                          CORAM :

                         THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                                C.R.P.(NPD)No.2445 of 2016
                                                 and CMP.No.12649 of 2016


                     1.R.Selvaraj
                     2.S.Senthil                                                   .. Petitioners

                                                             vs

                     1.N.Vasudevan

                     2.C.Rangasamy Gounder (Died)

                     3.R.Chinnasamy
                     4.R.Kandhasamy
                     5.S.Saraswathi
                     6.Ramayee
                     7.L.Lakshmi                                                   .. Respondents
                     (R3 to R7 brought on record as LRs of the deceased
                     2nd Respondent viz. C.Rangasamy vide court order
                     dated 19.04.2022 made in CMP.Nos.4656, 4659 and
                     4660 of 2022 in CRP(NPD)No.2445 of 2018)

                                  Petition filed under Section 115 of Civil Procedure Code against
                     the Fair and Decreetal order passed I.A.No.328 of 2014 in O.S.No.16 of
                     2009 on the file of II Additional Sub Court, Erode is liable to be set
                     aside.


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                                                                               C.R.P.(NPD)No.2445 of 2016

                                        For Petitioners    : Mr.V.Regunathan

                                        For Respondents : Mr.Kaithamalai Kumaran (for R1)

                                                            R2 - Died (steps taken)

                                                            No Appearance (for R3 to R7)

                                                          ORDER

An application was filed to condone the delay of 250 days in filing

an application to set aside the exparte decree. The said application was

allowed by the learned II Additional Subordinate Judge, Erode in

I.A.No.328 of 2014 in O.S.No.16 of 2009 on 01.10.2015. While

exercising his discretion, the learned Judge has directed the party to

deposit a sum of Rs.1,00,000/- as a condition precedent to set aside the

exparte decree. I feel that this condition is slightly onerous.

2.It is seen that the petitioner had remained exparte constraining

the decree holder to file E.P.No.110 of 2010 and thereafter yet again in

E.P.No.120 of 2014. Therefore, while setting aside the condition of

deposit of Rs.1,00,000/-, I modify the same into payment of Rs.20,000/-

to the judgment creditor/plaintiff within a period of eight (8) weeks from

the date of receipt of a copy of this order. With the above modification,

this Civil Revision Petition stands allowed. No costs. Consequently,

connected miscellaneous petition is closed.

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C.R.P.(NPD)No.2445 of 2016

3.On the payment of Rs.20,000/-, the learned Subordinate Judge is

requested to take up the application under Order 9 Rule 13 of CPC and

allow the same. Thereafter, he shall take up the suit and dispose of within

a period of nine (9) months from the date of allowing the application

under Order 9 Rule 13 of CPC.

17.07.2023 Index:Yes/No Speaking order/Non-speaking order Neutral Citation:Yes/No vs

To

The II Additional Sub Court, Erode.

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

C.R.P.(NPD)No.2445 of 2016

V. LAKSHMINARAYANAN,J.

vs

C.R.P.(NPD)No.2445 of 2016 and CMP.No.12649 of 2016

17.07.2023

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