Allowed

Rajendiran v. Rajeshwari

Madras HC29 Jun 2021CRP/4129/2018

Case brief

AI extract

What is this about?

This Court allowed a Civil Revision Petition set aside the Subordinate Judge's order dismissing the petition to condone delay in filing an application to set aside an ex-parte decree, directing a new chance to defend the suit upon payment of costs.

What did the court decide?

The impugned order setting aside the delay condonation petition is set aside; petitioners directed to pay Rs.5000/- costs and file response to enable disposal of suit within nine months.

Rajendiran Vs Rajeshwari — Contract and Commercial Disputes | Madras HC (2021)

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C.R.P.(NPD) No.4129 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.06.2021

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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C.R.P.(NPD) No.4129 of 2018
and C.M.P.No.22743 of 2018
1.Rajendiran
2.Mala
3.The Sub Registrar,
Sub Registrar Office, Nemali,
Arakkonam Taluk,
Vellore District. ... Petitioners
Vs
Rajeshwari ... Respondent

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Prayer: Civil Revision Petition filed under Section 115 of Civil Procedure

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Code, against the order and decreetal order passed in I.A.No.436 of 2017 in

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O.S.No.75 of 2015 on the file of the Subordinate Judge, Arakkonam dated 06.08.2018.

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

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C.R.P.(NPD) No.4129 of 2018

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For Petitioners : Mr.S.Prabhu

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For Respondent : Mr.K.U.Sale Murugan

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**********

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O R D E R

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The Civil Revision Petition is filed against the order and decreetal

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order passed in I.A.No.436 of 2017 in O.S.No.75 of 2015 on the file of the

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Subordinate Judge, Arakkonam dated 06.08.2018, thereby dismissing the

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petition to condone the delay in filing the petition to set aside the exparte decree.

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The petitioners are the defendants and the respondent is the

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plaintiff. The respondent filed a suit for recovery of possession in respect of

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the suit property. The petitioners failed to file the written statement and as

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such, they were set exparte and exparte decree was passed. Therefore, the petitioners filed a petition to set aside the exparte decree with the delay of 379 days.

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

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C.R.P.(NPD) No.4129 of 2018

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On a perusal of the affidavit filed in support of the condone delay

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petition, it is revealed that when the suit was posted on 09.06.2016 for filing written statement, the second petitioner herein fell ill due to viral fever.

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Therefore, they were not able to contact their counsel to file their written statement in the suit. Therefore, they were set exparte and exparte Judgment was passed on 12.09.2016.

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The Court below dismissed the petition on the ground that no

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sufficient reasons were stated in the affidavit filed in support of the condone delay petition.

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The suit was filed for recovery of possession and as such the

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petitioners may get one more opportunity to defend the suit.

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Accordingly, the order passed in I.A.No.436 of 2017 in O.S.No.75

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of 2015 on the file of the Subordinate Judge, Arakkonam dated 06.08.2018

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is set aside, on condition that the petitioners are directed to pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs to the respondent within a

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

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C.R.P.(NPD) No.4129 of 2018

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period of two weeks from the date of receipt of a copy of this order, failing which, the order passed by this Court shall automatically stand cancelled. On such payment, the Court below is directed to dispose of the suit within a

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period of nine months from the date of receipt of a copy of this order.

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Accordingly, this Civil Revision Petition is allowed.
Consequently, the connected miscellaneous petition is closed. No order as
to costs.
29.06.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
The Subordinate Judge,
Arakkonam.

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

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C.R.P.(NPD) No.4129 of 2018

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G.K.ILANTHIRAIYAN. J,

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rna

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C.R.P.(NPD) No.4129 of 2018
and C.M.P.No.22743 of 2018

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29.06.2021

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

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Rajendiran v. Rajeshwari

Case brief

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Rajendiran v. Rajeshwari

Case brief

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