Madras High Court
Sasikala vs S.Mariappan on 9 August, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P(MD)No.870 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P(MD)No.870 of 2022
and
C.M.P(MD)No.3464 of 2022
Sasikala ... Petitioner /
Respondent /
Plaintiff
Vs.
1.S.Mariappan
2.S.Selvaraj
3.S.Senrayan ... Respondents /
Respondents /
Defendants 1-3
Prayer : Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the Fair and Decreetal order dated
13.12.2021 made in I.A.No.1 of 2021 in O.S.No.146 of 2020 on the file
of the Additional District Court (Fast), Theni and allow this civil revision
petition.
1/6
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.870 of 2022
For Petitioner : Mr.T.Antony Arulraj
For Respondents : Mr.B.Rooban
ORDER
The petitioner filed O.S.No.22 of 2007 on the file of Principal
District Court, Theni seeking the relief of partition. It was subsequently
transferred to the Sub Judge, Uthamapalayam and renumbered as O.S.No.
68 of 2010. The contesting respondents herein figured as D.1 to D.3. It
was once again transferred to the file of Additional District Judge (FTC,
Theni) and renumbered as O.S.No.146 of 2020. The plaintiff examined
herself as P.W.1 on 27.09.2021 and documents were also marked. The
contenting respondents herein D.1 to D.3 were said exparte on
09.08.2021. D.1 to D.3 filed I.A.No.1 of 2021 for setting aside the order
whereby they were said exparte. The IA was allowed on 13.12.2021.
Challenging the same, this Civil Revision Petition came to be filed.
2.The learned counsel appearing for the revision petitioner
reiterated all the contentions set out in the memorandum of grounds and
called upon this Court to set aside the impugned order and grant relief as
prayed for.
https://www.mhc.tn.gov.in/judis
3.The learned counsel appearing for the respondents submitted that
the petition for setting aside the exparte order was filed well within the
time and that therefore the trial Court was justified in granting them one
more opportunity to contest the suit on merits. He called upon this Court
to sustain the impugned order and dismiss the Civil Revision Petition.
4.I carefully considered the rival contentions and went through the
materials on record.
5.In normal circumstances, I would not have interfered with the
impugned order. This is primarily because the petition to set aside
exparte order was filed well within time. However, there is one
formidable impediment for the respondents herein. The learned counsel
for the petitioner points out that the evidence on the plaint side was
closed on 19.08.2021 and the matter was posted for arguments on
25.08.2021. The case itself was posted for judgment on 08.09.2021. On
the said date, the judgment was not ready and the case was adjourned to
24.09.2021. In the meanwhile, on 20.09.2021, I.A.No.1 of 2021 came to
be filed.
https://www.mhc.tn.gov.in/judis
6.The learned counsel for the petitioner draws my attention to the
decision reported in (2012) 2 SCC 196 (Rasiklal Maickchand & Others
Vs M.S.S.Food Products). It has been categorically held therein that
once the suit is closed for pronouncement of judgment, there is no
question of further proceedings in the suit and that thereafter, an
application under Order IX Rule 7 of CPC cannot be entertained. In this
case, admittedly the case was posted for judgment on 08.09.2021 and
then adjourned to 24.09.2021. The case on hand falls squarely within the
aforesaid decision. The Court below has failed to take note of the fact
that the case was posted for judgment and that IA.No.1 of 2021 filed
under Order IX Rule 7 of CPC was not maintainable. In this view of the
matter, the impugned order is set aside.
7.This Civil Revision Petition is allowed accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
09.08.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
MGA
https://www.mhc.tn.gov.in/judis
To
The Additional District Judge (FTC, Theni).
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
MGA
and
09.08.2024
https://www.mhc.tn.gov.in/judis
