Madras High Court
M.Ravi vs Muthusamy on 21 August, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
C.M.P.No.7223 of 2025
and
C.R.P.Sr.No.103302 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2025
CORAM:
THE HON'BLE MR.JUSTICE P.VELMURUGAN
C.M.P.No.7223 of 2025
and
C.R.P.Sr.No.103302 of 2024
M.Ravi
S/o.Marimuthu ... Petitioner
..vs..
1. Muthusamy
2. Subbulakkshmi
3. Subbathal
4. Rajalakshmi
5. Chitra devi
6. Rani @ Eswari
7. Velusamy
8. Prabu
9. Tamil Selvi
10. Ganesh ... Respondents
C.M.P.No.7223 of 2025 filed under Section 5 of the Limitation Act
to condone the delay of 655 days in filing the above Civil Revision
Petition against the fair and decretal order dated 03.01.2023 made in
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C.M.P.No.7223 of 2025
and
C.R.P.Sr.No.103302 of 2024
I.A.No.290 of 2021 in O.S.No.7 of 2019 on the file of the Sub Court,
Palladam.
Civil Revision Petition filed under Section 115 CPC to set aside the
fair and decretal order dated 03.01.2023 made in I.A.No.290 of 2021 in
O.S.No.7 of 2019 on the file of the Sub Court, Palladam by allowing this
Civil Revision Petition.
For Petitioner : Mr.N.Ponraj
For Respondents : Mr.C.Prabakaran
for R1 to R6
No appearance for R8 to R10
R7 – Not ready in notice.
ORDER
This Civil Miscellaneous Petition is filed to condone the delay of 655 days in filing the above Civil Revision Petition against the fair and decretal order dated 03.01.2023 made in I.A.No.290 of 2021 in O.S.No.7 of 2019 on the file of the Sub Court, Palladam. Page No.2/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 02:37:22 pm ) C.M.P.No.7223 of 2025 and C.R.P.Sr.No.103302 of 2024
2. Heard the learned counsel for the petitioner and the learned counsel for respondents 1 to 6 and perused the materials available on record.
3. The petitioner is the fourth defendant in the suit in O.S.No.7 of 2019 filed for partition by respondents 1 to 6 herein/plaintiffs. While so, when the case was posted for filing written statement, the petitioner could not file the written statement as he was suffering from Jaundice and taking native treatment and hence, he was set ex-parte on 11.11.2019 and subsequently, the suit was decreed ex-parte on 05.12.2019. Hence, the petitioner filed an application in I.A.No.290 of 2021 seeking to condone the delay of 408 days in filing the petition to set aside the ex-parte decree and the same was dismissed on 03.01.2023. Aggrieved by the same, the petitioner has preferred the present revision petition along with the petition seeking to condone the delay of 655 days in filing the above revision.
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4. It is the submission of the learned counsel for the petitioner that the petitioner/4th defendant is a bonafide purchaser of the suit property and he has a valid defence in the suit and he has also assigned the reason in his application in I.A.No.290 of 2021 before the trial Court that he was suffering from Jaundice and was taking native treatment, which aspect has not been considered by the trial Court and dismissed the application.
5. It is the further submission of the learned counsel for the petitioner that when the petitioner was about to file revision against the impugned dismissal order, his vendors respondents 7 to 9 herein have informed that settlement talks are going on and there is a possibility for settlement. Upon believing their words, the petitioner did not file the present revision immediately and that there was a delay in filing the revision. Therefore, the delay is neither wilful nor wanton.
6. On a perusal of the records, it is seen that in the affidavit filed by the revision petitioner in support of the petition to condone the delay Page No.4/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 02:37:22 pm ) C.M.P.No.7223 of 2025 and C.R.P.Sr.No.103302 of 2024 before the trial Court he has stated that he was suffering from jaundice for which he was taking native treatment and hence, he was not able to file the written statement within the stipulated time. The reasons so stated by the petitioner was also not substantiated before the Court by way of producing oral and documentary evidence and hence, the trial Court dismissed the application.
7. As per the amended C.P.C the written statement has to be filed within a period of 30 days or within a condonable period of further 90 days. In the instant case, the petitioner has not filed the written statement either before 30 days or before 90 days and hence, he was set ex-parte and subsequently the suit was decreed ex-parte. Even after that, he did not file the application seeking to set aside ex-parte decree, but the same was also filed with a delay of 408 days. Since no acceptable reasons is proved before the Court for condoning the delay, the trial Judge had rightly dismissed the petition. The petitioner has not filed the present revision immediately after passing of impugned dismissal order and the Page No.5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 02:37:22 pm ) C.M.P.No.7223 of 2025 and C.R.P.Sr.No.103302 of 2024 same was also filed with a delay of 655 days and he has also not properly explained the reasons for the said delay except bald allegations, the conduct of the petitioner only shows his lethargic attitude and dilating tactics to protract the proceedings.
8. Under these circumstances, this Court does not find any reason for condone the delay of 655 days in filing the revision. Therefore, this Civil Miscellaneous Petition is dismissed. Consequently, Civil Revision Petition is dismissed at the S.R.stage itself. There shall be no order as to costs.
21.08.2025 Index: Yes/No Speaking Order : Yes/No Neutral Citation Case : Yes/No ms Page No.6/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/08/2025 02:37:22 pm ) C.M.P.No.7223 of 2025 and C.R.P.Sr.No.103302 of 2024 To The Subordinate Judge, Sub Court, Palladam.
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