Madras High Court
Murugesan vs A.R.S.Ramalingam on 28 February, 2022
Author: S.Ananthi
Bench: S.Ananthi
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.R.P.(MD)No.1376 of 2021
and
C.M.P.(MD)No.7833 of 2021
Murugesan ...Petitioner/Petitioner/D-4
Vs.
A.R.S.Ramalingam
1.Raj ...R-2/R-2/2nd Plaintiff
2.R.Gandhimathi
3.R.Narayanan
4.R.Subbaiah ...R-2 to R-4/R-3 to R-5/3rd Party
PRAYER: Civil Revision Petition under Section 115 of Civil Procedure
Code, to allow the Civil Revision Petition by setting aside the order passed in
I.A.No.1 of 2020 in O.S.No.541 of 2009 dated 17.08.2021 on the file of the
learned Additional District Munsif, Tenkasi.
For Petitioner :Mr.Ganagasapapathy
For R-1 :Mr.D.Srinivasa Ragavan
For R-2 to R-4 :No appearance
https://www.mhc.tn.gov.in/judis
2
ORDER
This Civil Revision Petition has been filed to set aside order, dated, 17.08.2021 in I.A.No.1 of 2020 in O.S.No.541 of 2009 passed by the learned Additional District Munsif, Tenkasi.
2.The parties are referred to as per the rank mentioned before the Court below.
3.The petitioner herein/4th defendant has filed a petition in I.A.No.1 of 2020 in O.S.No.541 of 2009 on the file of the learned Additional District Munsif, Tenkasi, to condone the delay of 1680 days in filing the petition. The said petition was dismissed on 17.08.2021 by the Court below. Aggrieved over the said order, the revision petitioner is before the Court.
4.Heard on either side and perused the material documents available on record.
5.This petitioner/4th defendant has filed this petition to set aside the order, dated 17.08.2021 in I.A.No.1 of 2020 in O.S.No.541 of 2009. The petition in I.A.No.1 of 2020 was filed by the petitioner/4 th defendant to condone the delay of 1680 days in filing the petition under Order 9 Rule 13 https://www.mhc.tn.gov.in/judis 3 of Civil Procedure Code. Since he was suffered from Jaundice he could not attend the Court. So, an exparte decree was passed on 05.08.2015. Each and every delay should be explained in condonation petition. But, the reasons stated in the petition is not satisfied. Already, this petitioner has filed a memo on 07.12.2009 before the Court below and stated that they have no objection to pass decree in favour of the plaintiff. He has also not denied the memo in his delay condonation petition. He has also not filed any reply statement for counter filed by the plaintiff. So, the trial Court has rightly dismissed the petition in I.A.No.1 of 2020. This Court has no reason to interfere with the order passed by the Court below.
6.In the case on hand, eventhough the matter is coming for setting aside the order in I.A.No.1 of 2020 , on perusal of the exparte decree, dated 05.08.2015 this Court is inclined to interfere with the exparte decree passed by the Court below.
7.In the suit in O.S.No.541 of 2009 the plaintiff has claimed declaration for 77 cents in Survey No.149/1 on the basis of the sale deed, dated 19.02.2013, in which the plaintiff had produced document only for 60 cents. But, he claimed title for 77 cents. The plaintiff has not filed any document before the Court below to prove his title. But, the trial Court has https://www.mhc.tn.gov.in/judis 4 not considered the document filed by the plaintiff and straightaway decreed the suit for 77 cents.
8.In view of the foregoing reasons, this Court invoke Article 227 of Constitution of India. Accordingly, this Civil Revision Petition stands dismissed by confirming the order, dated 17.08.2021 in I.A.No.1 of 2020 in O.S.No.541 of 2009 passed by the learned Additional District Munsif, Tenkasi. The Judgment and Decree, dated 06.07.2015 in O.S.No.541 of 2009 passed by the learned Additional District Munsif, Tenkasi, is set aside. The trial Court is directed to re-open the suit in O.S.No.541 of 2009 and peruse all the documents and evidences already produced by the plaintiff and pass decree. The petitioner is not entitled to contest the case since the order in I.A.No.1 of 2020 is confirmed. No Costs. Consequently, connected miscellaneous petition is closed.
Index :Yes/No 23.02.2022
Internet:Yes/No
ksa
Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. https://www.mhc.tn.gov.in/judis 5 To The Additional District Munsif, Tenkasi.
https://www.mhc.tn.gov.in/judis 6 S.ANANTHI, J.
ksa Order made in C.R.P.(MD)No.1376 of 2021 28.02.2022 https://www.mhc.tn.gov.in/judis