Madras High Court
Thirumalvalavan vs Papathi on 3 March, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
CRP NOs. 842 and 844 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-03-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
CRP NOs. 842 and 844 of 2025
and CMP Nos.4999 and 5000 of 2025
CRP No.842 of 2025:
Thirumalvalavan .. Petitioner
Vs
Papathi .. Respondent
CRP No.844 of 2025
Selvi ... Petitioner
Vs
Papathi ... Respondent
Civil Revision Petitions filed under Section 115 of the Code of Civil
Procedure to set aside the docket order passed in I.A.Nos.2 and 1 of 2023 in
O.S.No.17 of 2019 dated 31.01.2025 on the file of District and Sessions Judge at
Thirupathur.
1/6
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COMMON ORDER
The Revision Petitions have been filed to set aside the docket order passed
in I.A.Nos.2 and 1 of 2023 in O.S.No.17 of 2019 dated 31.01.2025 on the file of
District and Sessions Judge at Thirupathur.
2. The petitioners are the defendants 1 and 2 and the respondent is the
plaintiff in O.S.No.17 of 2019 on the file of District and Sessions Court,
Thirupathur.
3. For the sake of convenience, the parties are referred as per the rank
before the trial Court.
4. The plaintiff filed a suit in O.S.No.17 of 2019 for the recovery of
Rs.12,33,000/-(Rupees Twelve Lakhs Thirty Three Thousand only) based on the
alleged Pronote along with interest against the defendants. Since defendants did
not file their written statement, an exparte judgment and decree came to be
passed 22.12.2021.
5. The defendants have filed applications in I.A.Nos.2 of 2023 and 1 of
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2023 seeking to set aside the exparte judgment and decree dated 22.12.2021
along with an application seeking to condone the delay of 649 days.
6. The trial Court allowed I.A.Nos.2 of 2023 and 1 of 2023 on condition
that each of the defendants should deposit a sum of Rs.2,00,000/-(Rupees Two
Lakhs only) to the credit of O.S.No.17 of 2019 on or before 04.03.2025.
Challenging the same, the defendants have filed the present civil revision
petitions.
7. Learned counsel for the revision petitioners/defendants submits that the
petitioners have got a good case on merits, however, the trial Court, while
condoning the delay, has imposed an onerous condition directing the defendants
to deposit Rs.2,00,000/- each to the credit of O.S.No.17 of 2019 on or before
04.03.2025. Learned counsel submits that the condition imposed is not only
onerous but also cause hardship to the respondents when they have good case on
merits and therefore, seeks to set aside the order.
8. Heard the learned counsel for the revision petitioners/defendants and
perused the materials available on record.
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9. O.S.No.17 of 2019 has been filed seeking for recovery of a sum of
Rs.12,33,000/-(Rupees Twelve Lakhs Thirty Three Thousand ony) with 12%
interest. Since the defendants did not appear before the trial Court, an exparte
judgment and decree came to be passed on 22.12.2021. The defendants have filed
applications in I.A.Nos.2 and 1 of 2023 to set aside the exparte judgment and
decree along with petitions to condone the delay of 649 days. The trial Court had
passed conditional order directing the defendants to pay Rs.2,00,000/-(Rupees
Two Lakhs Only) each to the credit of O.S.No.17 of 2019 on or before
04.03.2025.
10. Though this Court has not find any fault in the order passed by the
Court below, directing each of the defendants to deposit a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) is on the higher side. Hence, the order passed by the
learned District and Sessions Judge at Thirupathur dated 31.01.2025 in I.A.Nos.2
and 1 of 2023 is modified to the effect that the defendants shall deposit a sum of
Rs.1,00,000/-(Rupees One Lakh only) each to the credit of O.S.No.17 of 2019 on
or before 17.03.2025.
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11. On such deposit being made, I.A.Nos.2 and 1 of 2023 shall stand
allowed.
12. The trial court shall take every endeavour to complete the trial in
O.S.No.17 of 2019 as expeditiously as possible, preferably within a period of six
months from 17.03.2025.
13. The defendants shall co-operate for the speedy disposal of the trial.
14. With the above modification, both the civil revision petitions are
disposed of. No costs. Consequently, connected miscellaneous petitions are
closed.
03-03-2025
sr
Index:yes/no
Websit:yes/no
To
The District and Sessions Judge at Thirupathur.
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A.D.JAGADISH CHANDIRA,J.,
CRP NOs. 842 and 844 of 2025
03.03.2025
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