Madras High Court
M.Chinnappudaiyar vs Chandra on 22 October, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P.(MD)No.2601 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 22.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD)No.2601 of 2024
and
C.M.P.(MD)No.15011 of 2024
M.Chinnappudaiyar ... Petitioner / Petitioner / 2nd Defendant
Vs.
1.Chandra
2.Pappammal
3.Nallammal
4.Shanthi ... Respondents / Respondents /
Plaintiff Nos.1 to 4
5.M.Kannusamy
6.M.Arumugam
7.Palaniyandi
8.Ramu ... Respondents / Respondents /
Defendant Nos.1, 3 to 5
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, to set aside the fair and decreetal order passed by the learned Principal
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1/5
C.R.P.(MD)No.2601 of 2024
Subordinate Judge, Tiruchirappalli made in I.A.No.2 of 2023 in O.S.No.586 of
2011, dated 27.08.2024.
For Petitioner : Mr.C.Gangai Amaran
for Mr.K.M.Karunakaran
ORDER
Heard the learned counsel for the revision petitioner.
2. The petitioner was shown as the second defendant in O.S.No.586 of
2011 on the file of the Principal Sub Court, Trichirappalli. The suit was for
partition and for declaration that the sale deed bearing Document No.1725 /
2003 is invalid insofar as the plaintiff's share is concerned. Preliminary decree
was passed and declaration regarding the suit sale deed was also made vide
Judgment and decree dated 16.12.2019. To set aside the same, the second
defendant filed IA. Since there was a delay, to condone the same I.A.No.2 of
2023 was filed. The condone delay petition was dismissed vide order dated
27.08.2024. Questioning the same, this civil revision petition came to be filed.
3. The learned counsel appearing for the revision petitioner reiterated all
the contentions set out in the memorandum of grounds of the revision petition.
He called upon this Court to set aside the impugned order and grant relief as
prayed for.
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4. I am not swayed by the submission. As rightly pointed out by the court
below, the delay though technically 1154 days is actually more than 3000 days.
The suit was filed in the year 2011. The petitioner herein was also duly served.
Several opportunities were given for filing written statement. Finally, on
13.03.2014, when the petitioner still had not filed any written statement, he was
set exparte. This was on 09.04.2014. It is true that the exparte decree was
passed on 16.12.2019. The reason given by the petitioner is that he was
afflicted with jaundice and went to Kerala for nature treatment. No person will
be affected with jaundice for such long time of 1154 days. Paragraph No.7 of
the impugned order reads as follows:-
“7. This court perused the case diary, for the petitioner this court
granted more than 16 hearings to file written statement but this petitioner not
filed the written statement and remain exparty on 05.11.2012. Exparte
judgment and decree passed in the court on 16.12.2019. The petitioner
explained the reason for delay for the year 2019, but the petitioner remained
silent without his appearance into the court from 2012 onwards, the reasons
of his absence for previous hearing is not explained into the court properly.
Moreover petitioner not supported his supported his submission any oral or
documentary evidence. The delay caused is abnormal delay. Final decree
petition filed by the respondent herein in the year 2022, this petitioner filed
this Section 5 petition as after thought. This court opined that allowing this
petition might prejudice the otherside and it cannot be compensated by the
way of terms. Hence, this Court not inclined to allow this petition. In the
result, petition dismissed with cost.”
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5. The reasons given above are sound. The impugned order does not
warrant interference. The civil revision petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
22.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
rmi
To:
The Principal Subordinate Judge, Tiruchirappalli .
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G.R.SWAMINATHAN, J.
rmi
22.10.2024
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