C.Suseela vs G.Sivaraj
2023 Latest Caselaw 13655 Mad

                                                        1                      CRP.No.3645 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 09.10.2023

                                                       CORAM:

                                  THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

                                                 C.R.P.No.3645 of 2023
                                                         and
                                                C.M.P.No.22864 of 2023

                    1.C.Suseela
                    2.S.Vinodhini                                        ...   Petitioners

                                                      -Vs-

                    1.G.Sivaraj
                    2.G.Rajthilak                                        ... Respondents

                    Prayer : Civil Revision Petition is filed under Article 227 of the

                    Constitution of India, praying to direct the District Munsif Court at

                    Tambaram to reject the I.A.No.1 of 2022 in OS No.46 of 2020.

                                    For Petitioners          :   Mr.S.Kathiravan


                                                       ORDER

The Revision Petitioners herein are the plaintiffs in the suit in

O.S.No.46 of 2020 on the file of learned District Munsif, Tambaram.

Challenging the impugned order of taking the application filed by the

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

defendants under Order 9 Rule 7 of C.P.C. in I.A.No.1 of 2022 on file

seeking to set aside the exparte order passed against them on 09.04.2021,

the present Civil Revision Petition has been filed.

2. Since the relief claim challenging the order passed by trial judge,

notice to the respondents is dispensed with.

3. The learned counsel for Revision Petitioners would submit that

already the defendants 1 and 2 were remain exparte. The plaintiffs were

examined as P.W.1 and P.W.2 and on their side, the documents Ex.A1 to

A16 were marked and arguments was also heard. However, when the case

was posted for judgment on 13.07.2022, an interlocutary application in

I.A.No.1 of 2022 under Order 9 Rule 7 of C.P.C. was filed by the

defendants to set aside the exparte order, but the trial judge erroneously

taken the application on file, since the case was reserved for judgment.

Therefore, challenging the order passed to take the application on file, the

present Civil Revision Petition has been filed.

4. Records perused. On perusal of records, it reveals that the

defendants were remain exparte and exparte evidence was taken.

Thereafter, I.A.No.1 of 2022 under Order 9 Rule 7 of C.P.C. was filed by

the defendants to set aside the exparte order and as the case was posted for

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

judgment on 13.07.2022, so far, no judgment was pronounced. Before

that, the defendants filed an application to set aside the exparte order, but

so far the exparte decree was not passed. Therefore, the defendant is

entitled to file an application to set aside the exparte order and the same

was rightly taken on file by the trial court, which needs no interference.

Accordingly, this Civil Revision Petition is dismissed and the findings of

the trial judge in I.A.No.1 of 2022 in O.S.No.46 of 2020 is confirmed.

However, the trial judge is directed to dispose the case as expeditiously as

possible. No costs. Consequently, connected Civil Miscellaneous Petition

is closed.

09.10.2023

Index : Yes/No Speaking Order : Yes/No rpp

To

The District Munsif, Tambaram

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

T.V.THAMILSELVI, J.

rpp

C.R.P.No.3645 of 2023

09.10.2023

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