The High Court set aside the trial judge's order dismissing condonation of delay applications. It allowed the civil revision petition only after the petitioner directed to deposit Rs.5 lakhs and pay Rs.20,000 cost, awarding another chance to appear and cooperate.
Petitioner directed to deposit Rs.5 lakhs and pay Rs.20,000 cost; condonation of delay applications allowed.
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C.R.P.No.4390 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2023
CORAM:
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
C.R.P.No.4390 of 2023 and C.M.P.No.26650 of 2023
S.Rajasekar
... Petitioner
-Vs-
M.Kuppusamy ... Respondent
Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order dated 17.11.2022 passed in I.A.No.1 of 2022 in O.S.No.2900 of 2017 by the learned XVIII Additional District Judge, City Civil Court, Chennai by allowing the CRP.
For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.Ravichandran
ORDER
Challenging the impugned order passed in I.A.No.1 of 2022 in O.S.No.2900 of 2017 passed by the earned XVIII Addl. District Judge,
C.R.P.No.4390 of 2023
City Civil Court, Chennai, the Revision Petitioner/defendant preferred this Civil Revision Petition.
C.R.P.No.4390 of 2023
taken on file in E.P.No.165 of 2019 and a private notice was sent during February 2020 and thereafter, the case was adjourned for filing counter objections and all those dates are during Covid period. So, even after receipt of notice, he has not taken any steps to set aside the exparte decree immediately as per the submissions made by the respondent's counsel. The trial judge has mentioned the dates in its order shows that even after entering appearance in the execution proceedings, he has not taken steps to set aside the exparte decree. However, the learned counsel for revision petitioner would submit that he is ready to conduct the trial and also filed written statement before the trial court. Therefore, by giving one more opportunity, this Court is inclined to set aside the findings of trial judge in I.A.No.1 of 2022 in O.S.No.2900 of 2017 and the Revision Petitioner is directed to deposit a sum of Rs.5 lakhs before the trial court in the suit in O.S.No.2900 of 2017 within a period of four weeks from the date of receipt of copy of this order. However, on seeing the conduct of Revision Petitioner, he is also directed to pay a sum of Rs.20,000/- as cost to the respondent's counsel within a period of four weeks from the date of receipt
C.R.P.No.4390 of 2023
of copy of this order and on such deposit, both applications are ordered to be allowed. Furthermore, the Revision Petitioner is directed to cooperate with the trial proceedings. Accordingly, this Civil Revision Petition is allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
06.12.2023
Index : Yes/No Speaking Order : Yes/No rpp
To
The XVIII Additional District Judge, City Civil Court, Chennai.
C.R.P.No.4390 of 2023
T.V.THAMILSELVI, J.
rpp
C.R.P.No.4390 of 2023
06.12.2023
3 issues framed by the court
Whether the impugned order dismissing the condonation of delay application should be set aside.
Whether the Revision Petitioner deserves an opportunity to conduct the trial and file written statement despite previous dismissal.
Whether the Revision Petitioner must deposit money under threat to set aside the earlier decision.
1 provisions across 1 enactments
S.Rajasekar
M.Kuppusamy
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
