Madras High CourtCRP/1163/2018disposed of

Mrs.Uma Sethuraman v. K.S.Murualidharan

2019-08-20Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) NOS.1163 AND 1164 OF 2018 Uma Sethuram ... Petitioner in both CRP's Vs.

K.Muralidharan ... Respondent in both CRP's PRAYER : Civil Revision Petitions filed under Section 115 of CPC praying to set aside the order fair and decreetal order dated 16.12.2017 passed by the Principal Judge, City Civil Court, Chennai passed in C.M.P.SR.Nos.55681 and 55671 of 2017 in A.S.SR.Nos.26843 and 26859 of 2007 respectively.

For Petitioner :

Ms.M.Savithadevi (in both CRPs') C O M M O N O R D E R These petitions are preferred against the dismissal of the petitions to condone the delay of 3733 days in representing the appeals by way of reconstructed papers.

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2. Appeal is a statutory right of litigant. The reasons for non representation of the appeal was that the petitioner's husband met with a road accident and underwent major surgery for removal of spleen and died due to cancer in the year 2016.

3. The averments requires serious consideration and it cannot be slightly rejected without notice to the other side. The factum of representing the appeals in A.S.SR.No.26843 and 26859 of 2007 cannot be denied. The woes of the petitioner can be proved by documentary evidence. It is well settled that if an application is filed, the trial Court shall number the same and decide the issue on merits and in accordance with law. However, in the instant case, the applications filed by the petitioner were rejected at the SR Stage itself as one not having convincing reasons. If an opportunity is given, petitioner may be in a position to submit the records of medical treatment of her husband and herself. Without giving an opportunity, the matter shall not be rejected at the threshold.

4. Considering the graveness of the stated incidences, which prevented the petitioner from approaching the Court in time, the 2/ 4

order dated 16.12.2017 passed in C.M.P.SR.Nos.55681 and 55671 of 2017 in A.S.SR.Nos.26843 and 26859 of 2007 respectively, by the learned Principal Judge, City Civil Court, Chennai is set aside and a direction is issued to the learned Principal Judge, City Civil Court, Chennai, to number the applications filed by the petitioner and decide the matter on merits, after issuing notice to both parties.

5. The Civil Revision Petitions are disposed of accordingly. No costs.

20.08.2019 Index : Yes/No Internet : Yes/No bkn/tk To The Principal Judge City Civil Court Chennai.

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M.GOVINDARAJ, J bkn/tk C.R.P.(PD) NOS.1163 AND 1164 OF 2018 23.08.2019 4/ 4