Madras High Court
M.K.Muthukumaran ... Revision vs S.Muthupandi on 1 April, 2024
Author: P.D. Audikesavalu
Bench: P.D. Audikesavalu
C.R.P. (MD) No. 771 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU
C.R.P. (MD) No. 771 of 2024
and
C.M.P.(MD) No.4303 of 2024
M.K.Muthukumaran ... Revision Petitioner/Petitioner/Defendant
-vs-
S.Muthupandi ... Respondent/Respondent/Plaintiff
PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil
Procedure, praying to set aside the fair and decreetal order passed in I.A.No.1
of 2023 in O.S.No.298 of 2018 on the file of VI Additional District Judge,
Madurai dated 16.02.2024 by allowing this Civil Revision Petition and decide
the same on merits in accordance with law.
For Petitioner : Mr.P.Murugesan
For Respondent : Mr.C.Mayilvahana Rajendran
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1/5
C.R.P. (MD) No. 771 of 2024
ORDER
This Civil Revision Petition arises out of the order dated
16.10.2019 in I.A.No.1 of 2023 in O.S.No.298 of 2018 on the file of VI
Additional District Judge, Madurai (hereinafter referred to as the 'Trial Court'
for short). The parties are hereinafter referred to as their description in the suit
in O.S.No.298 of 2018 before the Trial Court for the sake of clarity and
convenience.
2. The aforesaid suit had been filed for recovery of Rs.1,25,00,000/- with
interest and costs from the Defendant. The summons in that suit had been
served on the Defendant on 08.01.2019 and the case was listed on 12.02.2019,
26.02.2019, 19.03.2019, 16.04.2019 and 30.04.2019 for filing written
statement. The Defendant failed to do so and he was set exparte on 30.04.2019
and had forfeited his right to file written statement in that suit. After recording
the evidence of the plaintiff, an exparte decree was passed on 16.10.2019 by a
reasoned order. Subsequently, an application had been made to set aside that
exparte decree along with the application in I.A.No.1 of 2023 in O.S.No.298 of
2018 to condone the delay of 1394 days in filing the same which was dismissed
by the Trial Court by order dated 16.02.2024, which is challenged in this Civil
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Revision Petition.
3. It would be relevant to notice here that Rule 1 of Order VIII of the Code
of Civil Procedure (hereinafter referred to as 'CPC' for short) requires the
written statement of the Defendant to be filed within 30 days from the date of
service of summons and time could be extended for a further period of 90 days
aggregating in all for 120 days. Though the Hon'ble Supreme Court of India in
Salem Advocate Bar Association -vs- Union of India [(2005) 6 SCC 344] has
held that the said time limit is discretionary and could be extended on
satisfactory explanation, no efforts had been then taken by the Defendant to set
aside that order which has attained finality. It is also brought to notice that the
entire amount due under the exparte decree passed in the suit by the Trial Court
has been recovered from the Defendant in E.P.No.86 of 2022 and this Court by
its orders dated 15.02.2023, 21.12.2023, 03.01.2024 and 07.02.2024 in C.R.P.
(MD) Nos.370, 3336, 3427 of 2023 and 266 of 2024 respectively had declined
to interfere with the matter in the various stages of the execution proceedings.
The Defendant has not been able to show any infirmity in the judgment passed
in the suit or in the impugned order of the Trial Court warranting interference
by this Court in exercise of supervisory jurisdiction under Article 227 of the
Constitution of India.
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In the result, the Civil Revision Petition, which is devoid of merits, is
dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.
01.04.2024
PKN
Index : Yes/No
Internet : Yes/No
To
The learned VI Additional District Judge,
Madurai.
https://www.mhc.tn.gov.in/judis
P.D. AUDIKESAVALU, J.
PKN
01.04.2024
https://www.mhc.tn.gov.in/judis
