Rajendran vs Chandra
2024 Latest Caselaw 15539 Mad

Madras High Court

Rajendran vs Chandra on 9 August, 2024

Author: R.Hemalatha

Bench: R. Hemalatha

                                                                                  CMA.No.2863 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 09.08.2024

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE R. HEMALATHA

                                                 C.M.A.No.2863 of 2023

                     1.Rajendran
                     2.Periasamy
                     3.Paramasivam                                         ... Appellants
                                                            vs.

                     1.Chandra

                     2.Rajathi

                     3.Chitra

                     4.Pappa                                         ... Respondents
                     .
                     PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of the
                     Code of Civil Procedure, 1908 against the decree and judgment dated
                     18.08.2023 in I.A.No.04 of 2022 in O.S.No.316 of 2020 on the file of the
                     I Additional District and Sessions Judge, Salem


                                    For Appellants     : Mr.A.Yogaraj
                                    For Respondents    : Mr.P.Jagadeesan




                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                  CMA.No.2863 of 2023




                                                     JUDGMENT

The appellants are the defendants in O.S.No.316 of 2020 on the

file of the I Additional District and Sessions Court, Salem. The suit was

filed for partition of the suit properties by the respondents herein. Since

the petitioners / defendants did not file their written statement even though

sufficient opportunities were given to them, the trial court set them ex

parte on 12.11.2021 and an ex parte decree was passed on 12.04.2022.

The appellants / defendants thereafter filed a petition under Order IX Rule

13 C.P.C. to set aside the ex parte decree passed in O.S.No.316/2020.

2.The learned trial court judge after hearing both the parties

dismissed the said petition on the ground that though sufficient

opportunities were given to the defendants they did not file their written

statement. Aggrieved over the orders passed by the trial court judge, the

present appeal is filed by the defendants.

3.Heard Mr.A.Yogaraj, learned counsel for the appellants and

Mr.P.Jagadeesan, learned counsel for the respondents.

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

4.The suit in O.S.No.316/2020 was filed by the respondents for

partition of the suit properties. The parties are brothers and sisters. It is

true that the defendants in the suit (appellants herein) did not file their

written statement though sufficient opportunities were given to them.

However, it is seen from the records that along with the petition under

Order IX Rule 13 C.P.C the defendants filed their written statement. Any

civil suit should be decided on merits. In these circumstances, the ex parte

decree and judgment passed by the trial court in O.S.No.316/2020 is set

aside. The trial court is directed to take the case in O.S.No.316/2020 on

file and dispose of the same as expeditiously as possible.

In the result, the Civil Miscellaneous Appeal is allowed. No

costs.

09.08.2024

Index : Yes/No Speaking/Non-speaking order mtl

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

R.HEMALATHA, J.

mtl

To

1. The I Additional District and Sessions Judge, Salem.

2.The Section Officer, VR Section, Madras High Court, Chennai.

09.08.2024

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