Dismissed¶27

Vellappan v. the Executive Officer

Madras HC10 Jun 2025CRP(MD)/555/2021

Case brief

AI extract

What is this about?

Condonation of delay 919 days; set aside ex-parte decree; principles of natural justice; ex parte decree without opportunity to defendant; Section 115 CPC civil revision petition; declaration of easement rights suit; Courtrallam Special Grade Panchayat; Executive Officer; Tenkasi; Additional District Munsif Court; costs Rs.2,000; direction to dispose suit within six months; Madras High Court Madurai Bench; Justice M. Dhandapani; decided 10.06.2025.

What did the court decide?

An ex-parte decree was passed in the petitioner-plaintiff's favour without providing any opportunity to the respondent, and the same is a clear violation of the principles of natural justice. ¶27

Vellappan Vs the Executive Officer — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶27

Issue for consideration

Whether the order dated 22.01.2021 of the Additional District Munsif Court, Tenkasi in I.A.No.1 of 2020 in O.S.No.516 of 2012, condoning the respondent's 919-day delay and allowing the set-aside application (with Rs.2,000/- costs), ought to be set aside in this Civil Revision Petition.

¶15

Court's answer

An ex-parte decree was passed in the petitioner-plaintiff's favour without providing any opportunity to the respondent, and the same is a clear violation of the principles of natural justice.

¶27

Ratio / Principle

Because the ex-parte decree violated natural justice, the trial Court's exercise of discretion in allowing the condonation-of-delay application in I.A.No.1 of 2020 need not be interfered with in revision.

¶27

Key takeaways

The Civil Revision Petition is dismissed; considering that the suit is of the year 2012, the trial Court is directed to dispose of the suit within a period of six [6] months from the date of receipt of a copy of this order (no costs; connected miscellaneous petition closed).ratio¶27

Detailed headnote1 paragraphs

Civil Revision Petition under Section 115 CPC dismissed (Madras High Court, Madurai Bench, M.Dhandapani J., 10.06.2025): The petitioner-plaintiff's suit (O.S.No.516 of 2012, Additional District Munsif Court, Tenkasi) for declaration of easement rights against the Executive Officer, Courtrallam Special Grade Panchayat was decreed ex-parte; the respondent Panchayat's application (I.A.No.1 of 2020) to set aside the ex-parte decree with a 919-day delay was allowed by the trial Court with Rs.2,000/- costs. Upholding the trial Court's order, the Court held that an ex-parte decree passed without any opportunity to the respondent is a clear violation of the principles of natural justice, and the trial Court's discretion in allowing the condonation-of-delay application need not be interfered with. The trial Court was further directed to dispose of the 2012 suit within six months of receipt of a copy of the order; no costs; connected C.M.P.(MD)No.2990 of 2021 closed.

¶1

C.R..P.(NPD)(MD).No.555 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 10.06.2025

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

¶6

C.R.P.(NPD)(MD)No.555 of 2021 and C.M.P.(MD)No.2990 of 2021

Vellappan

... Petitioner

Vs.

The Executive Officer, Courtrallam Special Grade Panchayat, Tenkasi Taluk.

¶11

... Respondent

¶12

PRAYER: Civil Revision Petition - filed under Section 115 of the Civil Procedure Code, to call for the order and decreetal order dated 22.01.2021 in I.A.No.1 of 2020 in O.S.No.516 of 2012 on the file of the Additional District Munsif Court, Tenkasi and set aside the same.

¶13

For Petitioner : Mr.T.Pon Ramkumar For Respondent : Mr.S.Sundarapandian

¶14

ORDER

¶15

This Civil Revision Petition is filed challenging the order dated 22.01.2021 in I.A.No.1 of 2020 in O.S.No.516 of 2012 on the file of the

¶16

Additional District Munsif Court, Tenkasi.

¶17

1/5

¶18

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

¶19

C.R..P.(NPD)(MD).No.555 of 2021

¶20

2.The petitioner filed a suit for declaration claiming easements rights as against the respondent. The said suit was decreed ex-parte . Thereafter, the respondent Panchayat filed a petition to set aside the said ex-parte decree with a delay of 919 days. The trial Court has condoned the delay and allowed the petition with costs of Rs.2,000/-. Challenging the same, the present petition is filed.

¶21

3.The learned counsel for the petitioner submits that the suit filed by the petitioner was decreed in his favour in the year 2018. The respondent has not chosen to challenge the said decree. After a lapse of two years, the respondent has filed an application seeking to condone the delay in filing the set aside application without providing any valid reasons. Even then, the trial Court has condoned the delay with a costs of Rs.2,000/- and the same is not sustainable.

¶22

4.The learned counsel for the respondent submits that the petitioner claims easement rights as against the respondent in a public pathway. Further, the property is question is classified a wet land in the revenue records. He

¶23

2/5

¶24

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

¶25

C.R..P.(NPD)(MD).No.555 of 2021

¶26

further submits that though the respondent has filed written statement in the suit filed by the petitioner, the suit was dismissed only for the reason that no counsel has entered appearance on behalf of the respondent. Hence, the order passed by the trial Court need not be interfered.

¶27

5.Admittedly, the petitioner is the plaintiff and an ex-parte decree was passed in his favour without providing any opportunity to the respondent herein and the same is a clear violation of the principles of natural justice. Thereby the trial Court exercised its discretion to allow the condone delay application in I.A.No.1 of 2020 and the same need not be interfered with. Accordingly, this Civil Revision Petition is dismissed. Considering the fact that the suit is of the year 2012, the trial Court is directed to dispose of the suit within a period of six [6] months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

¶28

10.06.2025

¶29

NCC : Yes/No Index : Yes / No Internet : Yes / No ta

¶30

3/5

¶31

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

¶32

C.R..P.(NPD)(MD).No.555 of 2021

¶33

¶34