Allowed¶20

Saminathan v. Kasthuri

Madras HC5 Jan 2026CRP/2016/2024

Case brief

AI extract

What is this about?

Madras High Court; C.R.P.No.2016 of 2024; Justice P.B. Balaji; 05.01.2026; Section 115 CPC revision; Order IX Rule 13 CPC; restoration/exparte-related application allowed _suo motu_; set aside fair and decreetal order dated 22.02.2024 in I.A.No.543 of 2023 in O.S.No.193 of 2014; Principal District Munsif Court, Virudhachalam; time-bound completion of trial by 30.04.2026; cost of Rs.5,000/- paid per order dated 18.12.2025; expedited disposal; no costs.

What did the court decide?

Impugned fair and decreetal order dated 22.02.2024 in I.A.No.543 of 2023 in O.S.No.193 of 2014 set aside; _suo motu_ application under Order IX Rule 13 CPC allowed; Trial Court directed to conduct trial expeditiously and dispose of O.S.No.193 of 2014 on or before 30.04.2026; no costs. ¶20

Saminathan Vs Kasthuri — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the Civil Revision Petition under Section 115 C.P.C. seeking to set aside the fair and decreetal order dated 22.02.2024 in I.A.No.543 of 2023 in O.S.No.193 of 2014 should be allowed. +1 more

¶9

Court's answer

As the cost of Rs.5,000/- directed by order dated 18.12.2025 was paid, the order dated 18.12.2025 shall take effect and, consequently, the impugned order dated 22.02.2024 is set aside.

¶15

Ratio / Principle

The _suo motu_ application under Order IX Rule 13 of the Code of Civil Procedure is allowed, in light of the respondent's counsel's fair submission.

¶19

Key takeaways

The Trial Court is directed to conduct the trial expeditiously and dispose of the suit in O.S.No.193 of 2014 on or before 30.04.2026; both parties shall co-operate for early disposal without seeking unnecessary adjournments.ratio¶19
In the result, this Civil Revision Petition is allowed as indicated above.ratio¶20
The revision petition is disposed of with no costs awarded.ratio

Detailed headnote1 paragraphs

Civil Revision Petition (C.R.P.No.2016 of 2024, Madras High Court, P.B. Balaji J., 05.01.2026) filed by Saminathan under Section 115 C.P.C. against Kasthuri, to set aside the fair and decreetal order dated 22.02.2024 in I.A.No.543 of 2023 in O.S.No.193 of 2014, Principal District Munsif Court, Virudhachalam. Following payment of Rs.5,000/- cost directed by the Court's order dated 18.12.2025, that order was given effect and the impugned order dated 22.02.2024 was set aside. On the respondent's counsel's fair submission, the _suo motu_ application under Order IX Rule 13 of the Code of Civil Procedure was allowed, and the Trial Court was directed to conduct the trial expeditiously and dispose of O.S.No.193 of 2014 on or before 30.04.2026, with both parties to co-operate without seeking unnecessary adjournments. Petition allowed as indicated above; no costs.

¶1

C.R.P.No.2016 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated : 05.01.2026

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE P.B.BALAJI

¶6

C.R.P.No.2016 of 2024

¶7

Saminathan ... Petitioner

¶8

Vs. Kasthuri ... Respondent

¶9

Civil Revision Petition filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 22.02.2024 passed in I.A.No.543 of 2023 in O.S.No.193 of 2014 on the file of the Principal District Munsif Court, Virudhachalam.

¶10

For Petitioner : Mr.S.Ramajayam For Respondent : Mr.V.Vijayakumar

¶11

O R D E R

¶12

As directed by this Court, vide order dated 18.12.2025, the cost of

¶13

Rs.5,000/- has been paid.

¶14

In view of the above, the order dated 18.12.2025 shall take

¶15

effect. Consequently, the impugned order dated 22.02.2024 is set aside. 1/4

¶16

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

¶17

C.R.P.No.2016 of 2024 3. The learned counsel for the respondent very fairly submits that

¶18

even the application under Order IX Rule 13 of the Code of Civil Procedure can be allowed, in order to save judicial time and to avoid further agony to the respondent.

¶19

In the light of the above submission, the suo motu application under Order IX Rule 13 of the Code of Civil Procedure is allowed. The Trial Court is directed to conduct the trial expeditiously and dispose of the suit in O.S.No.193 of 2014 on or before 30.04.2026. Both the parties shall co-operate for the early disposal of the suit, without seeking unnecessary adjournments.

¶20