In this Civil Revision Petition filed under Section 115 CPC, the Honble Court modified the condition imposed on the petitioner to deposit 50% of the decree amount to set aside an ex parte decree, allowing the petitioner to deposit 20% instead.
Condition of deposit modified from 50% to 20% of the decree amount to be deposited within fifteen days.
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)No.2496 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.12.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.2496 of 2024 and C.M.P.(MD).No.14337 of 2024
Subramani ... Petitioner/Petitioner/Petitioner/Defendant
Vs.
A.Velusamy ... Respondent/Respondent/Respondent/Plaintiff
PRAYER : Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the order, dated 03.07.2024 made in C.M.A.No.7 of 2020, on the file of the learned Additional District Court/Fast Track Court, Palani, Dindigul District, confirming the order in I.A.No.985 of 2018 in O.S.No.69 of 2010 on the file of the learned Sub Court, Palani, Dindigul District, dated 30.01.2020, with regard to the direction of conditional deposit of 50% of the suit amount and modify the conditional deposit as 20% for allowing the exparte decree set aside petition and partly allow the revision petition.
For Petitioner : Mr.K.Elangovan For Respondent : No Appearance
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C.R.P.(MD)No.2496 of 2024
ORDER
This revision petition has been filed to set aside the order, dated 03.07.2024 made in C.M.A.No.7 of 2020, on the file of the learned Additional District Court/Fast Track Court, Palani, Dindigul District, confirming the order in I.A.No.985 of 2018 in O.S.No.69 of 2010 on the file of the learned Sub Court, Palani, Dindigul District, dated 30.01.2020, with regard to the direction of conditional deposit of 50% of the suit amount and modify the conditional deposit as 20% for allowing the exparte decree set aside petition
2.Only on the ground of onerous condition imposed upon the revision petitioner, this revision has been preferred. The learned counsel for the revision petitioner would submit that while allowing the petition filed by the revision petitioner to set aside the exparte decree, the trial court directed the revision petitioner to deposit the half of the decree amount. Against which, he filed the appeal before the appellate Court, but the same was dismissed confirming the order of the trial Court. Hence, this revision. Now, it is the only grievance. Now he is ready to deposit 20% of the decree amount.
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C.R.P.(MD)No.2496 of 2024
3.Considering the facts and circumstances of the case, this Court is inclined to modify the above said condition. Accordingly, the condition imposed upon the revision petitioner is modified to the effect that the revision petitioner shall deposit 20% of the decree amount within a period of fifteen days from the date of receipt of a copy of this order.
18.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM
To
1.The Additional District Judge, Fast Track Court, Palani, Dindigul District.
Madurai Bench of Madras High Court, Madurai.
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C.R.P.(MD)No.2496 of 2024
G.ILANGOVAN ,J.
TM
C.R.P.(MD)No.2496 of 2024
18.12.2024
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1 issue framed by the court
Whether the onerous condition of depositing 50% of the decree amount to set aside an ex parte decree can be modified to 20%.
1 provisions across 1 enactments
Subramani
A. Velusamy
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
