This revision allowed a petition to set aside an order dismissing an application to set aside an ex parte dismissal. The High Court held that a Supreme Court order extending limitation covered the petitioner, justifying condonation of the delay.
Civil Revision Petition allowed; remanded matter to IV Additional Family Court, Chennai to admit ex parte application.
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. (PD) No.1816 of 2021 and C.M.P. No.14220 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (PD) No.1816 of 2021 and C.M.P. No.14220 of 2021
G.Girish Gandhi ... Petitioner
versus
Akansha Gandhi ... Respondent
PRAYER : Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the order in I.A.No.1 of 2021 in O.P.No.3397 of 2019 on the file of the IV Additional Family Court at Chennai dated 04.08.2021.
This Civil Revision Petition is filed, challenging the order dated
04.08.2021 passed by the learned IV Additional Judge, Family Court, Chennai in I.A.No.1 of 2021 in O.P.No.3397 of 2019.
2 . The learned counsel for the petitioner submitted that, the
respondent filed the petition under Section 13(1)(i-a) and 25 of Hindu Marriage
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C.R.P. (PD) No.1816 of 2021 and C.M.P. No.14220 of 2021
Act, 1955 against the petitioner seeking divorce and permanent alimony. When the
matter was posted for filing counter on 05.01.2021, due to heavy rain, the petitioner could not attend the Court, therefore, the petitioner was called absent and set ex parte for not filing the counter. Subsequently, the petitioner filed I.A.No.1 of 2021 for setting aside the ex parte order dated 17.02.2021 under Order 9 Rule 7 of C.P.C. This petition ought to have been filed within 30 days from the date of order. There is delay of 12 days and there was no petition filed for condoning the delay under Section 5 of the Limitation Act. The learned IV Additional Judge, Family Court, Chennai, dismissed the petition. Against the said
dismissal order, this Civil Revision Petition is preferred.
3. The learned counsel for the petitioner further submitted that, the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020 has given
certain directions with regard to the extending the period of limitation and accordingly, the period of limitation was extended from 15.03.2020 until further orders. This order was passed on 08.03.2021. Therefore, the petitioner was covered by the order of the Hon'ble Supreme Court and saved from period of limitation. Therefore, the petitioner prays for setting aside the ex parte order passed by the
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C.R.P. (PD) No.1816 of 2021 and C.M.P. No.14220 of 2021
learned IV Additional Judge, Family Court and giving opportunity to contest the divorce petition.
4. The learned counsel for the respondent submitted that, the
petitioner is a Crorepathi and he has not paid maintenance to the respondent. The reason stated for not appearing and filing counter on 05.01.2021, cannot be
accepted. Therefore, he prayed for dismissal of this petition.
5 . Considered the rival submissions and perused the records.
6. It is seen from the submissions made by the learned counsel on
both sides, the petitioner was absent for one hearing on 05.01.2021 and the petitioner was set ex parte for not filing the counter. Then, while filing I.A.No.1 of 2021 under Order 9 Rule 7 of C.P.C. for setting aside the ex parte order, the petitioner also filed counter along with the petition. As pointed out by the learned
counsel for the petitioner that the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020 has extended the period of limitation in general law of limitation or under any special laws (both Central or State). The petitioner is
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C.R.P. (PD) No.1816 of 2021 and C.M.P. No.14220 of 2021
squarely covered by this order and therefore, this Court set aside the order of the learned IV Additional Judge, Family Court, Chennai, passed in I.A.No.1 of 2021 in O.P.No.3397 of 2019 and allow the I.A.No.1 of 2021.
7. Accordingly, this Civil Revision Petition is allowed. Consequently, connected Miscellaneous Petition is closed. However, there is no order as to costs. 08.10.2021 Speaking order / Non-speaking order Index : Yes / No psa / sri To The IV Additional Family Court, Chennai.
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C.R.P. (PD) No.1816 of 2021 and C.M.P. No.14220 of 2021
G.CHANDRASEKHARAN, J.
psa / sri
C.R.P. (PD) No.1816 of 2021
and C.M.P. No.14220 of 2021
08.10.2021
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2 issues framed by the court
Whether the petitioner is covered by the Supreme Court direction extending limitation allowing condonation of delay under Section 5 of the Limitation Act
Whether the petition under Order 9 Rule 7 CPC for setting aside ex parte order should be allowed in light of the extension of limitation period
Colour shows how this judgement treated each authority
Suw Motu Writ Petition (Civil) No.3 of 2020Explained¶31
3 provisions across 3 enactments
G. Girish Gandhi
Akansha Gandhi
G. Chandrasekharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
