The High Court dismissed a Civil Revision Petition challenging the lower court's order allowing the plaintiffs to restore a suit dismissed for default, finding no infirmity in the decision made subject to a cost payment.
The trial court is directed to dispose of the suit within nine months.
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.
CRP.PD.No.2630 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No.2630 of 2017
and
CMP.No.12550 of 2017
1. S.Palaniyammal
2. S.Manokaran
3. S.Malligrajunan ..Petitioners
Vs.
1. M.Venkatesan
2. M.Nagarajan
3. The State of Tamil Nadu,
Represented by Erode District Collector,
Erode District Collectorate,
Erode – 638 001,
Erode District.
4. The Tahsildar,
Anthiyur Taluk Office,
Anthiyur and Post,
Anthiyur Taluk, Erode District.
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CRP.PD.No.2630 of 2017
PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order dated 27.06.2017 passed by the Principal District Munsif, Bhavani, I Additional District Munsif, Bhavani, Principal District Munsif (FAC), Bhavani, Erode District in I.A.No.248 of 2016 in O.S.No.298 of 2014.
For Petitioners : M/s.K.Vasanthamala for
: Mr.P.Dharmaraj
For Respondents : Mr.R.Suresh (for R1 and R2)
: Given up (for R3 to R5)
ORDER
This Civil Revision Petition is directed as against the fair and decretal
order passed in I.A.No.248 of 2016 in O.S.No.298 of 2014 dated 27.06.2017 on the file of the I Additional District Munsif, Bhavani, Principal District Munsif (FAC), Bhavani, Erode District thereby, allowing
the petition to condone the delay in filing the application to restore the suit.
respondents 1 and 2 herein. The respondents 1 and 2 filed the said suit for
declaration and permanent injunction, in respect of the suit properties. After
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CRP.PD.No.2630 of 2017
filing the written statement, the suit was posted for trial on 15.04.2015. The plaintiffs were unable to appear before the trial Court and get along with the trial. Since the first plaintiff was admitted at the hospital and he was inpatient for 10 days and that the first plaintiff alone is looking after the case and as such, the suit was dismissed for default on 15.04.2015. Only thereafter, the plaintiffs came to know about the dismissal of the suit for
default. Hence, there was a delay of 294 days in filing the restoration petition.
passed by the Court below.
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CRP.PD.No.2630 of 2017
G.K.ILANTHIRAIYAN,J.
Kv
Court is directed to dispose the suit within a period of nine months from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petition is closed. No costs. 11.02.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No kv To The I Additional District Munsif, Bhavani, Principal District Munsif (FAC), Bhavani, Erode District.
CRP.PD.No.2630 of 2017
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1 issue framed by the court
Whether the High Court should interfere with the lower court's order allowing restoration of a suit dismissed for default.
S.Palaniyammal, S.Manokaran, S.Malligrajunan
M.Venkatesan, M.Nagarajan
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
