Selvaraj v. Prem Anand
CRP (Section 115 CPC) / Costs – Dismissal of application for default in not paying costs
Case brief
What is this about?
Madras High Court, CRP No. 393 of 2026, Section 115 Civil Procedure Code, P.B. Balaji J., 25-02-2026. Civil Revision Petition by Selvaraj and Sangeetha against orders dated 19.08.2025 of Principal District Court, Cuddalore (I.A.No.124 of 2025 in I.A.No.9 of 2025 in I.A.No.48 of 2022 in unnumbered A.S.) dismissing an application for default in not paying costs. Contention: costs wrongly paid contrary to trial Court directions, delay only 3 days. Result: revision allowed; I.A.No.9 of 2025 order set aside; Rs.3,000/- costs paid to respondents' counsel as compensation; first appeal to be decided on merits by 31.03.2026.
What did the court decide?
Revision allowed; order passed in I.A.No.9 of 2025 set aside; petitioner directed to pay total cost of Rs.3,000/- (already handed over to respondents' counsel in open court) to compensate delay and prejudice; first appeal to be decided on merits and in accordance with law on or before 31.03.2026.