Madras High Court
N.Pappathi vs / on 11 September, 2025
C.R.P.No.4320 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:11.09.2025
Coram:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Civil Revision Petition No.4320 of 2025
and
C.M.P.No.22150 of 2025
1.N.Pappathi,
Wife of Nagarajan
No.1/11, Mariamman Koil Street,
Kondalampatti, Salem Town,
Salem Taluk, Salem District.
2.S.Sambasivam,
Son of Samiyannan
No.1/17, Mariamman Koil Street,
Kondalampatti, Salem Town,
Salem Taluk, Salem District. ..Petitioners/Petitioners/Defendants 3 & 4
/versus/
Nagammal(died)
Wife of Kasi
Eri Pudur Kattuvalavu,
Agraharam Natamangalam Post,
Vahapadi Taluk,
Salem District.
1/8
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C.R.P.No.4320 of 2025
1.R.Kasi,
Son of Ramar
Pandathakarar Vattam,
East Thiruvagoundanur,
Salem Taluk, Salem District,
Salem 636 005.
2.K.Arunagiri,
Son of Kasi,
Pandathakarar Vattam,
East Thiruvagoundanur,
Salem Taluk, Salem District,
Salem 636 005.
3.R.Dhanam,
Wife of Raja,
No.181, Tala Uthu Kadu,
Chettichavady,
Kannankurichi Post,
Salem Taluk, Salem District,
Salem 636 008.
4.TK.Elumalai,
Son of Kasi
Pandathakarar Vattam,
East Thiruvagoundanur,
Salem Taluk, Salem District,
Salem 636 005 . ..Respondents/Respondents/Plaintiffs
5.D.Pachiammal,
Wife of Duraisamy,
Eri Pudur Kattuvalavu,
Agraharam Natamangalam Post,
Vazhapadi Taluk, Salem District.
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C.R.P.No.4320 of 2025
Natarajan(Died)
Son of Duraisamy
Eri Pudur Kattuvalavu,
Agraharam Natamangalam Post,
Vazhapadi Taluk, Salem District.
6.N.Rajith,
Son of Natarajan,
Eri Pudur Kattuvalavu,
Agraharam Natamangalam Post,
Vazhapadi Taluk, Salem District.
7.Nandhini,
Daughter of Natarajan,
Eri Pudur Kattuvalavu,
Agraharam Natamangalam Post,
Vazhapadi Taluk, Salem District.
8.Mahesh,
Wife of Natarajan
Eri Pudur Kattuvalavu,
Agraharam Natamangalam Post,
Vazhapadi Taluk, Salem District. ..Respondents/Respondents/
Defendants 1,2,5,6 and 7
Civil Revision Petition has been filed under Article 227 of the
Constitution of India to set aside the fair and decretal order dated
03.07.2025 in I.A.No.3 of 2025 in O.S.No.7 of 20218 on the file of the
District Munsif-cum-Judicial Magistrate, Vazhapadi only in respect of the
order of the trial Court that the petitioners shall be permitted to participate
and conduct the case from this stage of the case only.
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C.R.P.No.4320 of 2025
For Petitioners :Mr.K.Selvaraj
------
ORDER
This petition has been filed to set aside the fair and decretal order
dated 03.07.2025 in I.A.No.3 of 2025 in O.S.No.7 of 20218 on the file of
the District Munsif-cum-Judicial Magistrate, Vazhapadi, only in respect of
the order of the trial Court that the petitioners shall be permitted to
participate and conduct the case from this stage of the case only.
2. The defendants 3 and 4 have preferred the petition. The suit is filed
for declaration and for recovery of possession. The revision petitioners are
the defendants 3 and 4 in the above suit. The aforesaid defendants 3 and 4
were set exparte for non-filing of the written statement on 04.01.2023. On
the side of the plaintiffs, PW-1 and PW-2 were examined and on the side of
the defendants, DW-1 was examined.
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3. At this juncture, the defendants 3 and 4 have filed an application in
I.A.No.3 of 2025 in O.S.No.7 of 2018 to set aside the exparte order passed
against them dated 04.01.2023.
4. Upon hearing on either side, the Court below has allowed the
application in its order dated 03.07.2025. The Court below has also
observed that considering the stage of this case and age of the case, the
revision petitioners/defendants 3 and 4 shall be permitted to participate and
conduct the case from this stage of the case only to curtail the dragon of the
case by the revision petitioners/defendants 3 and 4.
5. The learned counsel appearing for the petitioners submitted that
though the Court below has allowed the petition filed by the revision
petitioners, the condition imposed by the Court below is unsustainable
under law. When an exparte order is set aside, the defendants would be
regulated in his position as on date, when they were proceeded exparte
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decree and they shall be permitted to join the proceedings from that stage
and not from any prospective date. To strengthen his contention, the learned
counsel appearing for the revision petitioners has relied upon the judgment
of the Hon'ble Supreme Court in Arjun Singh v. Mohindra Kumar and
others reported in [AIR 1964 SC 993].
6. The only grievance of the petitioners is that the condition imposed
by the Court below has to be set aside, when an application is filed under
Order 9 Rule 7 of C.P.C. The proceedings are to be reflected and the
defendants should be permitted to go back to the date of the exparte order
and contest the case. If the Court below has not permitted the defendants to
defend the case from the date of the exparte order, even though it has set
side the exparte order and therefore, the order of the Court below is
contradictory and prejudicial to the rights of the revision petitioners.
7. In the interest of justice, this Court is inclined to set aside the order
of the Court below with regard to the condition imposed that the revision
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petitioners shall be permitted to participate and conduct the case from this
stage of the case only. Considering the stage and the age of the case, the
learned Court below shall dispose of the case in O.S.No.7 of 2018 as
expeditiously as possible.
8. With the above observations, this Civil Revision Petition is
disposed of. No costs. Consequently, connected Miscellaneous Petition is
closed.
11.09.2025
Index:yes/no
Speaking order/non speaking order
Neutral citation:yes/no
ari
To
The District Munsif-cum-Judicial Magistrate,Vazhapadi.
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M.JOTHIRAMAN,J.
ari
and
11.09.2025
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