S.Rajendran v. K.Chenniappan (Died) 1. K.Ramasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.8603 of 2024 S.Rajendran .. Petitioner Vs.
K.Chenniappan (died) 1.K.Ramasamy S.Senniapan (died) S.Subbaian (died) 2.A.Subbathal 3.A.Vasanthamani E.Periavalliammal (died) 4.Lakshmi 5.Marathal P.Subbathal (died) Page No 1 of 9
6.P.Valliammal 7.R.Karuppathal 8.C.Senniappan C.Ramasamy (died) 9.C.Aruchamy 10.M.Valliammal 11.Ponnammal Chinnammal (died) S.Subbaian (died) 12.S.Senniappan E.Sennimalai Gounder (died) 13.S.Ramasamy 14.Valliammal E.Sinnia Gounder (died) C.Ramathal (died) 15.C.Sinnian 16.Subbathal 17.Ponnathal 18.K.Shanmugam Page No 2 of 9
19.K.Subramanian 20.B.Deivathal 21.Chinnammal 22.Saraswathi 23.Subramaniam 24.Parvathi 25.Nachimuthu 26.Amaravathi 27.Sarojini 28.Rajkumar 29.Kaliammal 30.A.E.Subramaniam 31.E.Ramasamy 32.Pavithra 33.Vinodhini 34.S.Rangammal 35.Valliammal 36.Loganathan Page No 3 of 9
37.Padmavathi 38.S.Valliammal 39.P.Subbulakshmi 40.S.Balusamy 41.R.Kalamani 42.V.Kannammal 43.V.Ponnusamy V.Srinivasan (died) Sinnammal (died) A.S.R.Senniappan (died) 44.A.S.R.Ramasamy 45.S.Balamani 46.S.Padmavathi 47.S.Sivaprakash 48.K.Subbathal S.Periammal (died) R.Valliammal (died) 49.S.Rangasamy 50.S.Subbathal Page No 4 of 9
51.K.Saraswathi 52.S.Duraisamy S.Ramasamy @ Ramanna Gounder (died) 53.A.C.Mahalingam 54.S.Maheswari 55.Praveen 56.Srinidhi 57.Valliammal 58.Senthilkumar 59.Vijayalakshmi 60.Tamilselvi 61.R.Sivakumar 62.Valliammal 63.Marathal 64.Senniappan .. Respondents Prayer : The Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decreetal order dated 27.07.2023 passed in I.A.No.1 of 2022 in O.S.No.132 of 2017 on the file of the District Munsif, Sulur.
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For Petitioner : Mr.A.Tamilarasan
ORDER
O.S.No.132 of 2017 had been presented by the respondents herein. In the said suit, an application was taken out to bring on record the legal representatives of the deceased defendants and they were arrayed as respondent Nos.22 and 34 in the said application. That application was numbered as I.A.No.1 of 2022.
2. Several opportunities were granted to the respondents therein to file a counter but the respondents did not file a counter at all. Finally being left with no other option, the learned District Munsif at Sulur, set the respondents as ex parte and allowed the application on 27.07.2023.
3. The application was allowed on a condition that cost had to be deposited on or before 27.07.2023. The said cost was ordered to be paid to the District Legal Service Authority at Coimbatore. Page No 6 of 9
4. Though this order was passed on 27.07.2023, the revision itself came to be preferred before this Court only on 15.02.2024. I do not want to lay latches as the ground for rejecting this revision.
5. There is no dispute that the civil revision petitioner/S.Rajendran is the 34th respondent. He had not filed a counter despite an opportunity having been granted by the Court. The Court had waited for his counter to be filed and since he did not take a stand, the application stood allowed.
6. The learned Judge has balanced the interest of the plaintiff, who is aged about 85 years, as against the interest of the defendants and only thereafter, directed payment of cost. She has not allowed the application for the "asking".
7. Furthermore, I have to take note of the principle that, where a delay is condoned by the learned trial Judge, this Court should seldom interfere with the same in the powers of revision. See, N.Balakrishnan vs. M.Krishnamurthy [(1998) 7 SCC 123].
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8. As the civil revision petitioner was set ex parte before the trial Court and had invited the order on himself, I am not inclined to interfere with the same in the revision.
9. Accordingly, the Civil Revision Petition stands dismissed. No costs. The connected Civil Miscellaneous Petition is closed. 18.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To The District Munsif, Sulur Page No 8 of 9
V. LAKSHMINARAYANAN, J.
mkn2 and C.M.P.No.8603 of 2024 18.04.2024 Page No 9 of 9