Allowed

Selvi v. Kalaimagal

Madras HC16 Apr 2021CRP/3815/2018

Case brief

AI extract

What is this about?

This Court allowed a Civil Revision Petition under Article 226 setting aside an order of dismissal of a petition to set aside an ex-parte decree in a partition suit. The Court permitted the petitioner to proceed and file a written statement. Relief granted: Petitioner to pay costs to respondents within two weeks or the order shall stand cancelled.

What did the court decide?

The order passed in I.A.No.325 of 2018 in O.S.No.72 of 2012 is set aside. Petitioner is allowed to proceed with the suit from the present stage. Petitioner shall pay Rs.2,500/- as costs to respondents

Selvi Vs Kalaimagal — Partition | Madras HC (2021)

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CRP.PD.No.3815 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.04.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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CRP (PD) No.3815 of 2018

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and
CMP.No.21205 of 2018
Selvi ... Petitioner
Vs.
1. Kalaimagal
2. Chitradevi
3. Idhyavani
4. Sozhan
5. Krishnaveni ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the fair and decretal order dated
11.10.2018 passed in I.A.No.325 of 2018 in O.S.No.72 of 2012 on the file

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of Additional Sub Court, Tindivanam.

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For Petitioner : M/s.Meenal.R For Respondents : M/s.R.Sripriya for Mr.V.Raghavachari (for R1 & R2) : No Appearance (for R5)

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https://www.mhc.tn.gov.in/judis/

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1/4

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CRP.PD.No.3815 of 2018

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O R D E R

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This Civil Revision Petition is directed as against the fair and decretal order passed in I.A.No.325 of 2018 in O.S.No.72 of 2012 dated 11.10.2018 on the file of the learned Additional Sub Judge, Tindivanam, thereby, dismissing the petition to set aside the ex-parte order.

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The petitioner is the second defendant and the first respondent is

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the plaintiff. The first respondent filed a suit for partition. While pending the suit, the petitioner being the second defendant, failed to file her written statement. Therefore, she was set ex-parte on 18.09.2013. Other defendants are none other than her own sons and daughters. They have filed their written statement and contested the suit. Unfortunately, her counsel failed to instruct her filed to her written statement and as such, she did not file her

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written statement. She being an illiterate woman, she was not properly instructed and as such, she filed a petition to set aside the ex-parte decree.

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The Court below dismissed the petition only for the reason that it was filed

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belatedly viz., after 5 years. Now, the suit is pending for trial.

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Considering the above facts and circumstances, the petitioner may

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be given one more opportunity to defend the suit. Therefore, this Civil

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.3815 of 2018

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Revision Petition is allowed and the order passed in I.A.No.325 of 2018 in

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O.S.No.72 of 2012 is set aside on condition that the petitioner shall pay a sum of Rs.2,500/- as costs to the respondents within a period of two weeks from the date of receipt of a copy of this order, failing which this order shall stand automatically cancelled. It is made clear that the petitioner is

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permitted to proceed with the suit from the present stage of the suit.

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Consequently, the connected Miscellaneous Petition is closed. No costs.

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16.04.2021
kv
To
1. The Additional Sub Judge, Tindivanam.
2. The Section Officer,
V.R. Section, High Court of Madras.

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3/4

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https://www.mhc.tn.gov.in/judis/

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CRP.PD.No.3815 of 2018

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G.K.ILANTHIRAIYAN,J.

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CRP (PD) No.3815 of 2018
16.04.2021

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https://www.mhc.tn.gov.in/judis/

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Selvi v. Kalaimagal

Case brief

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What did the court decide?

Selvi v. Kalaimagal

Case brief

What is this about?

What did the court decide?

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