Sornalatha v. Somasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.02.2021

CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.R.P.No. 1821 of 2019

1.Sornalatha

2.Umamaheswari .. Petitioners

Vs

Somasundaram ..Respondent

Prayer : Petition filed under Section 115 of Civil Procedure Code against the order and decreetal order in I.A.No.348 of 2018 in O.S.No.18 of 2013 on the file of Sessions (Fast Track Mahila) Judge, Namakkal, dated 05.01.2019.

For Petitioners: Mr.V.Raghavachari For Respondent : Mr.P.Valliappan ORDER

The fair and decreetal order dated 05.01.2019 passed in I.No. 348 of 2018 in O.S.No. 18 of 2013 is under challenge in the present civil revision petition.

1. The respondent is the plaintiff, who instituted the suit for declaration and for permanent injunction. When the trial was progressing, petitioners/defendants 2 and 3 failed to appear for cross-examination. Thus, the trial Court passed an exparte order against the petitioners/defendants 2 and 3. Thereafter, the petitioners, who are the defendants in the suit, filed an interlocutory application to set aside the exparte order and to condone the delay of 148 days in filing the application to set aside the exparte order. Both the applications were considered by the trial Court. The interlocutory application filed under Section 5 of the Limitation Act to condone the delay of 148 days was dismissed on the ground that the petitioners have not produced any supporting document to establish that they suffered the disease of Jaundice. Further, it is contended that they allowed the trial Court to pass the exparte order in order to prolong the suit. On these grounds, the application was dismissed.