Madras High Court
Saravanan @ Suthakar (Deceased) vs Kandasamy on 24 October, 2024
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
CRP No.1640 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2024
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.R.P.No.1640 of 2020
1. Saravanan @ Suthakar (Deceased)
2. Santhi ... Petitioner
(Sole petitioner died. Petitioner – 2 is brought on record as legal heirs of the
deceased sole petitioner viz., Saravanan @ Suthakar vide Court order dated
18.10.2024 made in C.M.P.No.11388 of 2024 in C.R.P.No.1640 of 2020 by
ADJCJ)
-vs-
Kandasamy ... Respondent
PRAYER: Civil Revision Petition is filed under Section 115 of CPC,
praying to set aside the order dated 23.01.2019 made in I.A.No.62 of 2018
in A.S.SR.No.702 of 2018.
For Petitioner 2 : Mr.J.Arulprakasam
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1/6
CRP No.1640 of 2020
For Respondent : No representation
**********
ORDER
This Civil Revision Petition is filed to set aside the order dated
23.01.2019 made in I.A.No.62 of 2018 in A.S.SR.No.702 of 2018 by the
Sub Court, Ariyalur, dismissing the petition to condone the delay of 788
days in filing the appeal.
2. The petitioner is the plaintiff in O.S.No.273 of 2012 filed against
the respondent seeking for a declaration and permanent injunction in respect
of the suit scheduled property. In the trial Court, the respondent side
remained ex parte. The trial Court and after the evidence of the petitioner,
holding that the petitioner / plaintiff has not proved his case, dismissed the
suit by Judgment and Decree dated 22.04.2016. Against the said judgment,
the petitioner has filed an appeal in A.S.SR.No.702 of 2018 with the delay
of 788 days. The petitioner has contended that since he was suffering from
nervous problem, he was unable to file an appeal within time. However, the
appellate Court, finding that the petitioner has not shown sufficient cause,
dismissed the application seeking to condone the delay of 788 days.
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Against the same, the present civil revision petition has been filed.
3. Learned counsel for the petitioner would submit that the petitioner
is the plaintiff in O.S.No.273 of 2012. The petitioner conducted trial and
the suit was dismissed by the trial Court finding that the petitioner has not
proved his case. Since the petitioner was suffering from nervous problem.,
he was unable to file an appeal within time and thereby there is a delay of
788 days in filing the appeal. He further submitted that the petitioner later
died due to his illness of nervous problem and the petitioner's wife, who is
the legal heir of the petitioner, has been brought on record. The petitioner is
a widow, she is unable to produce the medical certificate of her husband.
However, the petitioner is ready and willing to compensate the respondent
for the inconvenience caused to him by the delay and that the petitioner also
undertakes to cooperate with the lower Appellate Court for speedy disposal
of the appeal and thereby, seeks to set aside the order.
4. There is no representation for the respondent.
5. It is the case of the petitioner that since he was suffering from
nervous problem, he was unable to file an appeal within time. Hence, there
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was a delay of 788 days in filing the appeal. The lower Appellate Court
finding that the petitioner has not filed any proof to show that he was
affected by nervous problem and thereby holding that he had not shown
sufficient cause, dismissed the application. Now it is reported by learned
counsel for the petitioner that the petitioner later died due to his nervous
problem and that he is being represented by his wife who is the sole legal
heir.
6. Considering the above facts and circumstances, this Court is of the
opinion that an opportunity be given to the petitioner to pursue the appeal on
imposition of cost and terms. Accordingly, the order dated 23.01.2019 in
I.A.No.62 of 2018 in A.S.SR.No.702 of 2018 is set aside on condition, that
the petitioner shall deposit a sum of Rs.2,000/- (Rupees Two Thousand
only) within two weeks from the date of receipt of a copy of this order
before the Lower Appellate Court to the credit of A.S.SR.No.702 of 2018.
On such deposit being made, the appeal shall be numbered and notice will
be issued to the respondent. The petitioner shall ensure that she will
cooperate for speedy disposal of the appeal.
7. Accordingly, this Civil Revision Petition is allowed on the above
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terms. No costs.
24.10.2024
Index:Yes/No
Internet:Yes/No
Speaking Order/Non Speaking Order
rna
To
The Sub Court, Ariyalur.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA, J.
rna
24.10.2024
https://www.mhc.tn.gov.in/judis
