J.P.Sundarrajan vs K.Jayaraman
2024 Latest Caselaw 431 Mad

Madras High Court

J.P.Sundarrajan vs K.Jayaraman on 5 January, 2024

Author: V.Sivagnanam

Bench: V. Sivagnanam

                                                                             CRP.No.5080 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 05.01.2024

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE V. SIVAGNANAM

                                                C.R.P. No.5080 of 2023

                     J.P.Sundarrajan                                     ... Petitioner
                                                          vs
                     K.Jayaraman                                         ... Respondent

                     Prayer: Civil Revision Petition filed under section 115 of CPC against the
                     fair and decreetal order made in I.A.No.01 of 2023 in A.S.SR.No.4346 of
                     2023, dated 06.10.2023 on the file of the Principal Judge, City Civil
                     Court, Chennai.

                                           For Petitioner : Mrs.R.Hemalatha for
                                                            Mr.C.Prakasam

                                                      ORDER

The Civil Revision Petition is filed against the fair and

decreetal order made in I.A.No.01 of 2023 in A.S.SR.No.4346 of 2023,

dated 06.10.2023 on the file of the Principal Judge, City Civil Court,

Chennai.

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

2.The learned counsel for the petitioner submitted that the

respondent herein has filed a suit against the petitioner inn O.S.No.1644

of 2015 before the learned XVIII Asst. Judge, City Civil Court, Chennai

for recovery of the amount of Rs.1,31,170/- together with interest at the

rate of 12% per annum from the date of plaint till the date of realisation.

After trial, the suit was decreed on 17.09.2019 by directing the defendant

to pay a sum of Rs.1,31,170/- to the plaintiff with interest at the rate of

6% per annum from the date of plaint till the date of realisation along

with costs. Against the decree and judgment passed in O.S.No.1644 of

2015, the petitioner preferred an appeal with a delay of 1214 days. He

further submitted that due to COVID- 19, he was severely attacked and

took treatment, hence, he could not prefer First Appeal in time, therefore,

he filed the appeal with a delay of 1214 days. However, the learned trial

judge, without considering the same in a proper perspective, rejected the

condone delay petition filed by the petitioner in I.A.No.1 of 2023 in

A.S.SR.No.4346 of 2023.

3.Heard the learned counsel appearing for the petitioner and

perused the materials available on record.

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

4.In the affidavit, the petitioner had stated that he was affected

by COVID-19. In the impugned order, it was observed that during the

period on 17.09.2019, there was no COVID – 19 infection, however, the

Supreme Court of India has passed an order exempting the limitation

period from 15.03.2022 to 28.05.2022 for COVID 19. Citing the above,

the learned counsel for the petitioner seeks an opportunity to contest his

case and prayed for allowing the Civil Revision Petition.

5.On perusal of records, the fact reveals that after the suit in

O.S.No.1644 of 2015 was decreed in favour of the respondent/plaintiff ,

the petitioner/defendant has filed to file an appeal within time.

Thereafter, he filed the appeal with a delay of 1214 days. The reason

assigned by the petitioner for the delay was that he was affected with

covid 19 infection, but during the period on 17.09.2019, there was no

covid. Therefore, the trial court found that the reason assigned by the

petitioner as false one and hence not accepted the same. It is not disputed

that during the period 17.09.2019, there was no covid infection.

Further, the Honourable Supreme Court has passed an order to consider

the exempted limitation period for Covid 19 from 15.03.2022 to

28.05.2022. Under the circumstances, I find no infirmity or illegality in

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

the impugned order passed by the court below. The Civil Revision

Petition is devoid of merits. Hence, the same is dismissed. No costs.

05.01.2024 Index:Yes/No Internet:Yes/No msr

To

The Principal Judge City Civil Court, Chennai.

V.SIVAGNANAM, J.

msr

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

05.01.2024

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