State Bank Of India v. P.Ravi,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-06-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE State Bank of India Whites Road Branch No. 41, Whites Road Royapettah, Chennai 14 Rep by its Branch Manager ..Petitioner(s) Vs P.Ravi ..Respondent(s) To set aside the order dated 18 03 2026 passed in OS No 6772 of 2025 on the file of Honble XX Additional City Civil Court Chennai. For Petitioner(s):
Mr.N.Elumalai Order This Civil Revision Petition has been filed, challenging the impugned order dated 18.03.2026 passed in O.S. No.6772 of 2025 on the file of the learned XX Additional Judge, City Civil Court, Chennai. 2.Under the impugned order, the summary suit filed by the petitioner has been treated to be an ordinary suit by the Trial Court. The petitioner, who is the plaintiff in the suit, filed a suit for recovery of money against the respondent, who is the defendant. The suit claim arises out of non repayment of loan by the
respondent to the petitioner. According to the petitioner, erroneously, the Trial Court has treated the summary suit as an ordinary suit by holding that the summons for judgment was not served by the petitioner on the respondent. According to the petitioner, only after the notice of appearance has been served by the respondent on the petitioner within a period of 10 days from the date of receipt of the suit summons, the petitioner will have to serve the summons for judgment on the respondent. According to the petitioner, the procedure for summary suit has not been followed by the respondent and therefore, the Trial Court ought not to have treated the summary suit as an ordinary suit through the impugned order.
3.As seen from the impugned order, the Trial Court has treated the summary suit as an ordinary suit on the ground that the summons for judgment was not served by the petitioner on the respondent. The Trial Court has held that since the petitioner is having knowledge that the respondent has entered appearance in the suit by filing a vakalat, the petitioner ought to have served the summons for judgment on the respondent.
4.This Court is not going into the merits of the respective contentions. The suit has been filed for recovery of money on account of non repayment of loan by the respondent to the petitioner. Entertaining this Civil Revision Petition will not enure to the benefit of the petitioner. It will only drag on the suit
proceedings. This Court also expressed the said view to the learned counsel for the petitioner, who also agrees with the view taken by this Court. Therefore, the only remedy that can be granted by this Court, in the interest of justice, is that it should direct the Trial Court to dispose of the suit within a time frame to be fixed by this Court.
5.It is brought to the notice of this Court by the learned counsel for the petitioner that till date, the respondent has not filed the written statement. Necessarily, the respondent will have to file the written statement within a time frame to be fixed by this Court.
6.Accordingly, this Court directs the respondent to file the written statement before the learned XX Additional Judge, City Civil Court, Chennai in O.S. No.6772 of 2025 within a period of four weeks from the date of receipt of a copy of this order. If the respondent fails to file the written statement within the period of four weeks from the date of receipt of a copy of this order, the Trial Court shall set the respondent/defendant exparte in the suit O.S. No.6772 of 2025 on the file of the learned XX Additional Judge, City Civil Court, Chennai. On completion of pleadings or on the defendant being set exparte by the Trial Court as directed by this Court in this order, the Trial Court shall dispose of the suit after framing issues and after conducting trial within a period of one year thereafter.
7.Since no adverse order is being passed against the respondent, notice to the respondent is dispensed with by this Court. With the above direction, this Civil Revision Petition is disposed of. No costs. 16-06-2026 Index: Yes/No Speaking/Non-speaking order VGA
To 1.The XX Additional Judge, City Civil Court, Chennai. 2.The Section Officer, VR Section, High Court, Madras.
ABDUL QUDDHOSE J.
VGA 16-06-2026