Madras High Court
Kumari vs C.Jayaraman on 13 July, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
C.R.P(NPD).No.2010 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P.(NPD).No.2010 of 2022
and
C.M.P.No.10304 of 2022
1.Kumari
2.Shanthi ... Petitioners
..Vs..
C.Jayaraman ... Respondent
Prayer:- Civil Revision Petition is filed under Section 115 CPC, against
the fair and decreetal order dated 03.02.2022 passed in I.A.No.1 of 2021
in Ejectment Suit No.6 of 1999 on the file of the IV Court of Small
Causes, Chennai.
For Petitioners : Mr.N.Nathami
ORDER
This Civil Revision Petition has been preferred challenging the order of the learned IV Small Causes Judge, Chennai, dated 03.02.2022 made in I.A.No.1 of 2021 in Ejectment Suit No.6 of 1999. 1/8 https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2010 of 2022
2.The revision petitioners are the defendants 5 and 6 in the suit filed by the respondent/plaintiff for ejectment. The petitioners have filed an interlocutory petition in I.A.No.1 of 2021 in Ejectment Suit No.6 of 1999 to condone the delay in filing the petition to set aside the ex-parte decree dated 06.01.2018 and the said petition was dismissed. Aggrieved over that, the petitioners have preferred this revision petition.
3.The learned counsel for the petitioners submitted that there are two judgments in one suit; one dismissal for default dated 16.06.2003 and thereafter, another judgment dated 06.01.2018 for granting ex-parte decree. The learned counsel for the petitioners drew the attention of this Court to the unauthenticated copy of the Court proceedings commencing from 10.03.2016 and pointed out the order dated 16.09.2016, there is an endorsement that the ejectment suit as against the defendants 2 and 7 was returned to file and the Court summons were ordered to be issued to the other defendants. Notice sent to the defendants 5 and 6 not effected and thereafter, the service was completed through paper publication and after 2/8 https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2010 of 2022 a few hearings, the plaintiff was examined as P.W.1 and the documents were marked as Exs.A1 to A15 on 30.06.2017; taking into consideration of the written statement already filed by the defendants 5 and 6, the Court gave an opportunity to them to cross examine P.W.1.
4.The contention of the learned counsel for the petitioners is that after 16.06.2003, there is no further proceedings in the suit and hence there cannot be another judgment in the same suit on 06.01.2018.
5.It is to be noted that the suit has been dismissed for default on 16.06.2003 and thereafter, it could have been restored on an application filed by the plaintiff. If the authenticated Court proceedings is filed from the date when the suit got restored to file, the real facts would have come to light. The revision petitioners had conveniently filed an unauthenticated Court proceedings starting from 10.03.2016 only. 3/8 https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2010 of 2022
6.It is submitted by the learned counsel for the petitioners that despite the case was returned against the defendants 2 and 7, it was not returned against the defendants 5 and 6. The suit against the defendants 2 and 7 was returned to file, taking into consideration of the earlier order passed in M.P.No.2326 of 2001. In fact the statement filed by the defendants 5 and 6 was also taken into consideration and they are given with an opportunity to cross examine P.W.1. Only if the entire proceedings conducted before the Court is shown through the 'A' diary extract, it can be seen how many times the suit has been allowed to be dismissed for default and thereafter got restored or how many times ex- parte order has been passed against any of the defendants. In fact, from the affidavit filed by the respondent/plaintiff in M.P.No.2326 of 2001 and the materials produced by the revision petitioners, it is seen that the plaintiff has filed a petition in the year 2008 also, to set aside the order of the dismissal of M.P.No.2015 of 2007.
4/8 https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2010 of 2022
7.The records would show that there were proceedings subsequent to the dismissal order dated 16.06.2003 and that can be only in view of the restoration of the suit.
8.The submission of the learned counsel for the petitioners is misleading and he has stated without producing the proceeding extract for complete proceedings that the suit was dismissed for default on 16.06.2003, was once again taken up and another judgment was passed on 06.01.2018. The suit filed in the year 1999 could have been disposed on merits only in the year 2018 due to the delay made by the parties to the suit in some way or other. Now the petitioners have filed a petition in I.A.No.1 of 2021 in EJ.Suit No.6 of 1999 for condoning the delay of 786 days in setting aside the ex-parte decree dated 06.01.2018, without substantiating the reason to condone the delay of 786 days and by distorting the fact about the proceedings. Since there is no acceptable reason stated for their non appearance during the suit proceedings, the learned trial Judge did not accept the reason for delay. The learned trial 5/8 https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2010 of 2022 Judge rightly observed that having received the notice in the execution proceedings, the petitioners deliberately caused the delay and filed this petition after two years. Since the intention of the revision petitioners is to delay the execution of the decree got by the respondent/plaintiff in the suit for ejectment, I do not find any reason for interference.
9.With the above observations, this Civil Revision Petition is dismissed and the order of the learned IV Small Causes Judge, Chennai, dated 03.02.2022 made in I.A.No.1 of 2021 in Ejectment Suit No.6 of 1999, is hereby set aside. No costs. Consequently, connected Miscellaneous Petition is closed.
13.07.2022 vkr Index:Yes No Speaking Order:Yes/No 6/8 https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2010 of 2022 To
1.The IV Small Causes Judge, Chennai.
2.The Section Officer, VR Section, Madras High Court, Chennai.
7/8 https://www.mhc.tn.gov.in/judis C.R.P(NPD).No.2010 of 2022 R.N.MANJULA,J.
Vkr C.R.P.(NPD).No.2010 of 2022 13.07.2022 8/8 https://www.mhc.tn.gov.in/judis