The Madurai Bench dismissed two Civil Revision Petitions filed to set aside execution court dismissal orders proceeding ex parte against this petitioner. The court found the petitioner's claim of inability to arrange counsel to be false given her previous litigation conduct.
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(MD)Nos.1176 and 1189 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.12.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.R.P(MD)Nos.1176 and 1189 of 2024 and C.M.P(MD)Nos.6709, 6778, 8167 and 8166 of 2024
C.R.P(MD)No.1176 of 2024
Subitha ... Petitioner / Defendant
Vs
M.Sundaram ... Respondent / Plaintiff
Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to call for records pertains to set aside the dismissal order passed in E.A.No.3 of 2023 in E.P.No.5 of 2022 in O.S.No.60 of 2020 on the file of the learned Subordinate Judge, Eranial, Kanyakumari District.
For Petitioner : Mr.K.P.Krishna Doss
For Respondent : Mr.T.Wins
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C.R.P(MD)Nos.1176 and 1189 of 2024
C.R.P(MD)No.1189 of 2024
Subitha ... Petitioner / Defendant
Vs
Thankappan ... Respondent / Plaintiff
Prayer : This Civil Revision Petition is filed under Section 115 of C.P.C., to call for records pertains to set aside the dismissal order passed in E.A.No.3 of 2023 in E.P.No.24 of 2022 in O.S.No.62 of 2020 dated 03.04.2024 on the file of the learned Subordinate Judge, Eranial, Kanyakumari District.
For Petitioner : Mr.K.P.Krishna Doss
For Respondent : Mr.N.S.Ramakrishna Doss
ORDER
These Civil Revision Petitions are filed to call for records pertains
to set aside the dismissal order passed in E.A.No.3 of 2023 in E.P.No.5 of 2022 in O.S.No.60 of 2020 and E.P.No.24 of 2022 in O.S.No.62 of 2020 dated 03.04.2024 on the file of the learned Subordinate Judge, Eranial, Kanyakumari District.
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C.R.P(MD)Nos.1176 and 1189 of 2024
by the respondent herein, namely Sundaram, to recover a sum of Rs.3 Lakhs with subsequent interest and cost. The suit was decreed as prayed for with cost and subsequent interest by the judgment and decree dated 07.09.2021. To execute the decree, he filed E.P.No.5 of 2022 before the Subordinate Judge, Eraniel. The revision petitioner herein did not appear before the Execution Court and so ex parte order was passed. To set aside the ex parte order, she filed E.A.No.3 of 2023. That came to be dismissed by the Execution Court by order dated 03.04.2024. Against which C.R.P(MD)No.1176 of 2024 is preferred.
Thangappan to recover the sum of Rs.4,38,515/- with subsequent interest and cost. To execute the decree, he filed E.P.No.24 of 2022 before the very same Court. In that matter also, the revision petitioner remained ex parte. To set aisde the ex parte order, she filed E.A.No.3 of 2023 which came to be dismissed by the Execution Court against which, C.R.P(MD)No.1189 of 2024 is preferred.
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C.R.P(MD)Nos.1176 and 1189 of 2024
5. Heard both sides.
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C.R.P(MD)Nos.1176 and 1189 of 2024
order was passed on 29.07.2022. The petition was filed only on 04.02.2023, beyond 30 days time mentioned in Order 21 Rule 106(3) of C.P.C. After statutory period of six months, only the above said petition came to be filed. The reason assigned was also not supported by any evidence. Similarly, in O.S.No.62 of 2020 also the very same reason was assigned.
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C.R.P(MD)Nos.1176 and 1189 of 2024
they are ready to deposit Rs.1,50,000/- each in both the matters before the execution Court. The revision petitioner was also present before this Court and stated that the respondent are her close relatives. She discharged the entire loan amount. Nothing more is required to be paid by her, even she is not ready to deposit the money now proposed by this Court. On that account, the matter was ordered to be listed for orders today.
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C.R.P(MD)Nos.1176 and 1189 of 2024
costs. Consequently, connected miscellaneous petitions stand closed.
05.12.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn
To
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C.R.P(MD)Nos.1176 and 1189 of 2024
G.ILANGOVAN, J.
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ORDER IN C.R.P(MD)Nos.1176 and 1189 of 2024 and C.M.P(MD)Nos.6709, 6778, 8167 and 8166 of 2024
05.12.2024
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2 issues framed by the court
Whether the executant can set aside the dismissal of ex parte application by citing lack of legal representation.
Whether the delay in filing the remedy is justified by the reasons assigned by the petitioner.
2 provisions across 1 enactments
Subitha
Sundaram
Thankappan
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
