This revision petition challenged the trial court's condition requiring a Rs.30,000 deposit to set aside an ex parte decree. The High Court reduced the deposit to Rs.25,000 and allowed the petition, remanding the matter for disposal.
Venue of ex parte decree set aside; condonation of delay allowed; deposit of Rs.25,000 directed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(NPD) No.1748 of 2010 and M.P.No.1 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2019
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
C.R.P.(NPD) No.1748 of 2010
and
M.P.No.1 of 2010
S.N.Govindarajan ...Petitioner
..Vs..
Canara Bank
By its Manager,
Gopalapuram Branch,
Avvai Shanmugam Salai,
Chennai - 86. ...Respondent
PRAYER: Civil Revision Petition filed under Section 227 of the Constitution of India, to set aside the order and decree dated 19.01.2010 passed in I.A.No.2261 of 2009 in O.S.No.8856 of 2006 on the file of Vth Assistant Judge, City Civil Court, Chennai.
For Petitioner :Mr.T.K.S.Gandhi For Respondent :Mr.K.R.A.Muthukrishnan
C.R.P.(NPD) No.1748 of 2010 and M.P.No.1 of 2010
O R D E R
The judgment debtor has filed an application to set aside the exparte decree granted in O.S.No.8856 of 2006 with condone the delay petition, the same was allowed on condition that the petitioner/defendant deposits a sum of Rs.30,000/- and hence, the present revision.
against the Revision Petitioner and two other persons for recovery of principal amount Rs.72,757/- along with interest 16.5%. Since the loan was covered in nature and after filing the written statement the case was posted for trial. P.W.1 was not cross-examined by the defendant in the suit and hence, exparte decree was passed on 05.11.2008. The first defendant filed I.A.No.2261 of 2009 along with a petition to condone the delay of 58 days in filing petition to set aside the exparte decree on the ground that he went to Sabarimala Pilgrimage and his Advocate clerk had not note down the correct date, resulting in exparte decree being passed.
has allowed the application. However, on condition to deposit Rs.30,000/- namely 50% of Rs.72,000/- which is the principal amount. The learned counsel contended that the condition imposed is exorbitant
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C.R.P.(NPD) No.1748 of 2010 and M.P.No.1 of 2010
onerous.
2009 to condone the delay petition, stands allowed. The trial Court is directed to dispose of the I.A within a period of twelve weeks thereafter. Though, the ground was raised with regard to the rate of interest, it is for the trial Court to decide the same as per the agreeable terms between the parties. No costs. Consequently, connected Miscellaneous Petition is closed.
09.12.2019
nvi
Index:Yes/No Speaking Order:Yes/No
To
The Vth Assistant Judge, City Civil Court, Chennai.
RMT.TEEKAA RAMAN,J.,
3/4
C.R.P.(NPD) No.1748 of 2010 and M.P.No.1 of 2010
nvi
C.R.P.(NPD) No.1748 of 2010 and
M.P.No.1 of 2010
09.12.2019
2 issues framed by the court
Whether the condition imposed by the trial court for the defendant to deposit Rs.30,000 as security to get the ex parte decree set aside was exorbitant.
Whether the revision petition should be allowed setting aside the exparte decree and condoning the delay.
1 provisions across 1 enactments
S.N. Govindarajan
Canara Bank
Rmt Teekaa Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
