Stalin @ Stalin Jayachandran vs Sampoorna Aqua Agencies
2024 Latest Caselaw 21261 Mad

Madras High Court

Stalin @ Stalin Jayachandran vs Sampoorna Aqua Agencies on 7 November, 2024

                                                                          C.R.P(MD).No.2398 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 07.11.2024

                                                      CORAM :

                                  THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

                                              C.R.P(MD)No.2398 of 2022
                                                       and
                                             C.M.P(MD)No.11592 of 2022


                     Stalin @ Stalin Jayachandran                ... Petitioner / Defendant

                                                         Vs

                     Sampoorna Aqua Agencies
                     represented by its Managing Partner,
                     B.Jayaraman                                 ... Respondent / Plaintiff


                     Prayer : Civil Revision Petition is filed under Section 115 of C.P.C.,
                     Constitution of India, to set aside fair and decreetal order dated
                     01.07.2022 made in I.A.No.320 of 2021 in O.S.No.107 of 2020 on teh
                     file of the Principal District Judge, Thanjavur by allowing this revision
                     petition.


                                     For Petitioner   : Mr.K.Suyambulinga Barathi

                                     For Respondent : Mr.P.Vadivel




                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                  C.R.P(MD).No.2398 of 2022


                                                          ORDER

This Civil Revision Petition is filed to set aside fair and decreetal

order dated 01.07.2022 made in I.A.No.320 of 2021 in O.S.No.107 of

2020 on the file of the Principal District Judge, Thanjavur.

2. The facts in brief is that the suit in O.S.No.107 of 2020 was filed

by the respondent herein against the revision petitioner for recovery of a

sum of Rs.81,44,002.00 with subsequent cost and interest. The revision

petitioner did not receive notice / summon. Therefore, he failed to

appear before the trial Court and so an ex parte decree was passed

without verifying whether private notice was properly served upon him.

Setting out the above said fact, he filed an I.A.No.320 of 2021 to set

aside the ex parte decree dated 20.09.2021. That application was

dismissed by the trial Court on 01.07.2022 in I.A.No.320 of 2021.

Against which this Civil Revision Petition is preferred.

3. Learned counsel for the petitioner would submit that as stated in

the petition, without properly verifying the service of notice, an ex parte

decree was passed. He got valid defence to be made and so he must be

given opportunity. However, the Hon'ble Supreme Court of India in the

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

judgment reported in 2023 LiveLaw (SC) 1056 in the case of The

Koushik Mutually aided Cooperative Housing Society Vs Ameena

Begum and another, clarified the position that against the order passed

in Order 9 Rule 13 only an appeal will lie, since it is an appealable order,

no revision is entertainable.

4. In view of the above said clarification, now the revision is not

maintainable. Ofcourse, liberty is granted to the revision petitioner to

file proper appeal. At the time of filing the appeal, the time spent by the

petitioner in prosecuting this matter may be deleted as per Section 14 of

the Limitation Act, since a bonafide attempt has been made by the

petitioner in prosecuting the matter.

5. With this liberty, this Civil Revision Petition is dismissed. No

costs. No costs. Consequently, connected miscellaneous petition stands

closed.

07.11.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn

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

G.ILANGOVAN, J.

pnn

To

1.The Principal District Judge, Thanjavur.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER IN

and

07.11.2024

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