The High Court dismissed a Civil Revision Petition challenging an order declining to set aside an ex-parte decree. The lower court found the petitioner filed incorrect facts regarding the cause of action and attempted to delay proceedings; the revision was upheld.
Civil revision petition is dismissed; connected Miscellaneous Petition is closed.
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.No.238 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.238 of 2023 and C.M.P.No.1983 of 2023
M.G.Duraisamy ... Petitioner
Vs.
G.Jayakumari ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the decreetal order and fair order made by the Special Sub Judge, Vellore in I.A.No.2 of 2021 in O.S.No.208 of 2019 and dated 21.07.2022.
For Petitioner : Mr.T.Saravanan
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C.R.P.No.238 of 2023
O R D E R
The civil revision petition is filed against the fair and decreetal order
dated 21.07.2022 passed in I.A.No.2 of 2021 in O.S.No.208 of 2019.
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C.R.P.No.238 of 2023
petitioner / defendant filed an affidavit, stating that he could not appear before the Trial Court and file the written statement, since he was sick. It is further stated by the defendant that the plaintiff has filed the main Suit for specific performance, which is also found to be incorrect. Thus, the Trial Court formed an opinion that the revision petitioner / defendant approached the Court with incorrect facts. The petition was filed to drag on the proceedings and more so, in his written statement, he has not denied the mortgage deed executed by him in favour of the plaintiff. More so, the reason stated for the delay in filing the petition to set aside the exparte decree was also not candid and considering the fact and circumstances, Trial Court dismissed the application.
Trial Court. Litigants, who have stated incorrect facts and made an attempt to drag on the proceedings are not entitled for any relief from the hands of the Court. More so, the Trial Court found that the written statement was filed by the revision petitioner/defendant and he has not denied the execution of mortgage deed in favour of the plaintiff. Thus, the order impugned deserves no inference by this Court.
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C.R.P.No.238 of 2023
I.A.No.2 of 2021 in O.S.No.208 of 2019 stands confirmed and consequently,
the Civil Revision Petitioner in C.R.P.No.238 of 2023 is dismissed. No
costs. Connected Miscellaneous Petition is closed.
07.02.2023
Jeni Index : Yes Speaking order Neutral Citation : Yes
Note: Register is directed to return the original copy of the Suit to the learned counsel for the revision petitioner.
To
The Judge, Special Sub Court, Vellore.
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C.R.P.No.238 of 2023
S.M.SUBRAMANIAM, J.
Jeni
C.R.P.No.238 of 2023
07.02.2023
Page 5 of 5
3 issues framed by the court
Whether to allow a civil revision petition challenging a decreeonal order dismissing an ex-parte application to set aside a decree.
Whether the Trial Court erred in finding that the petitioner filed the original suit for specific performance while the revision petitioner claimed otherwise.
Whether litigants making incorrect statements and attempting to delay proceedings are entitled to relief.
M.G.Duraisamy
G.Jayakumari
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
