V.Balasubramaniyam Vs C.Siva — Madras HC (2026) — LawSathi Research

V.Balasubramaniyam Vs C.Siva — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay condoned and ex parte decree dated 13.04.2023 in O.S.No.156 of 2022 set aside, giving the petitioner/defendant one more opportunity; respondent/plaintiff permitted to withdraw the deposited Rs.2,00,000 upon an undertaking affidavit; Sub Court at Tiruvallur directed to dispose of O.S.No.156 of 2022 on merits within five months.

Issue for consideration

Whether the revision petitioner/defendant showed sufficient cause for condonation of the delay in filing the petition to set aside the ex parte decree in O.S.No.156 of 2022. +1 more

Ratio / Principle

This Court was inclined to give the petitioner/defendant one more opportunity by condoning the delay and setting aside the ex parte decree in O.S.No.156 of 2022, noting that the suit is for recovery of Rs.7,71,398/- with 12% interest.

Key takeaways

Since the petitioner/defendant had already deposited Rs.2,00,000 pursuant to the conditional-stay order, the respondent/plaintiff was permitted to withdraw that amount by filing an undertaking affidavit.ratio¶8
The trial court (Sub Court at Tiruvallur) was directed to dispose of O.S.No.156 of 2022 on merits and in accordance with law within a period of five months from receipt of a copy of the order.ratio¶9

Detailed headnote1 paragraphs

Madras High Court, T.V.Thamilselvi, J. (decided 18-06-2026) — CRP No. 1852 of 2026 filed under Section 115 of the Civil Procedure Code, with connected CMP No.8305 of 2026. The defendant in O.S.No.156 of 2022 (Sub Court, Tiruvallur) — a suit stated by his counsel to rest on a pronote and claiming recovery of Rs.7,71,398/- with 12% interest — had filed I.A.No.2 of 2025 to condone a delay and I.A.No.3 of 2025 to set aside the ex parte decree dated 13.04.2023, moves made only after an execution petition followed the decree; the trial Court dismissed both applications for want of sufficient cause for the delay. During the revision, and pursuant to a conditional stay granted on 09.04.2026 and modified on 20.04.2026, the petitioner deposited Rs.2,00,000/- to the credit of the suit. Considering the suit claim, the High Court inclined to give the defendant one more opportunity: the revision was allowed — delay condoned, ex parte decree set aside — with liberty to the plaintiff to withdraw the Rs.2,00,000/- deposit upon an undertaking affidavit, and the Sub Court was directed to decide the suit on merits and in accordance with law within five months. Allowed without costs; connected miscellaneous petition closed.

CRP No. 1852 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

CRP No. 1852 of 2026 and CMP No.8305 of 2026

V.Balasubramaniyam S/O. Varadharajulu, No.143, 113, Anjenayar Koil Street, Land Mark Karnan Kovil Street, Palavedu, Avadi IAF, Chennai - 60055.

Petitioner(s)

Vs

C.Siva S/O. Chinnaraj, No.257, Chinna Street, Chembedu, Vengal, Tiruvallur - 601103.

Respondent(s)

Revision Petition filed under Section 115 of Civil Procedure Code to set aside the order passed in I.A.No.2 of 2025 in O.S.No.156 of 2022 dated 05.03.2026 on the file of Sub Court at Tiruvallur and consequently allow I.A.No.2 of 2025 by condoning the delay of 796 days.

For Petitioner(s): MR. Sethupathy

For Respondent(s): Ms.Elizabeth Ravi

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CRP No. 1852 of 2026

ORDER

Challenging the orders passed in I.A.Nos.2 and 3 of 2025 in O.S.No.156 of

2022, the defendant has preferred the above revision.

Before the trial Court, the revision petitioner/defendant as filed applications in I.A.No.2 of 2025 to condone the delay of 796 days in filing the petition to set aside the exparte decree dated 13.04.2023 passed in O.S.No.156 of 2022 and I.A.No.3 of 2025 to set aside the exparte decree dated 13.04.2023 passed in O.S.No.156 of 2022.

Both the petitions are dismissed by the trial Court holding that the revision petitioner/defendant has not shown sufficient cause for the delay of 548 days. Aggrieved by the same, the defendant has filed the present revision.

This Court by order dated 20.04.2026 modified the conditional stay granted by this Court on 09.04.2026 and directed the petitioner to deposit a sum of Rs.2,00,000/(Rupees Two Lakhs Only) to the credit of O.S.No.156 of 2022 on or before 28.04.2026.

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CRP No. 1852 of 2026

Learned counsel for the petitioner submits that the conditional order has

been complied with by the petitioner and the suit is based on pronote and infact, the petitioner/defendant has not borrowed any amount from the respondent/plaintiff. Learned counsel for the petitioner/defendant also submits that no notice was served on the petitioner/defendant and therefore, he could not appear before the court, but, still the petitioner/defendant is having valid defence.

Learned counsel for the respondent submits that originally the suit was filed

in the 2022 and exparte decree was obtained and thereafter, execution petition was filed and thereafter only, the petitioner/defendant has filed a petition to set aside the exparte decree.

The suit is for recovery of Rs.7,71,398/- with 12% interest. Therefore, this

Court is inclined to give one more opportunity to the petitioner/defendant by condoning the delay as well as setting aside the exparte decree.

Since the petitioner/defendant has already deposited a sum of Rs.2,00,000/(Rupees Two Lakhs only), the respondent/plaintiff is permitted to withdraw the amount by filing undertaking affidavit.

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CRP No. 1852 of 2026

T.V.THAMILSELVI.,J

sr

The trial court is directed to dispose of O.S.No.156 of 2022 on merits and in

accordance with law within a period of five months from the date of receipt of a copy of this order.

With the above direction, the civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

18.06.2026

sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To

The Sub Court at Tiruvallur

CRP No. 1852 of 2026

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