Velyautham v. Abdul Raseed

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR and C.M.P.No.20007 of 2022

1. Velyautham

2. Lakshmi

...Petitioners

Versus

Abdul Raseed Rep. by his Power Agent R.Ramkumar ... Respondent PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code, pleased to set aside the fair and decreetal order dated 14.07.2022 made in I.A.No.540 of 2022 in O.S.No.105 of 2016 on the file of the Principal District Munsif Court, Kallakurichi.

For Petitioners : Mr.N.Manoharan O R D E R The Civil Revision Petition is filed challenging the order passed by the Court below allowing the petition filed by the respondent seeking to set aside the order dismissing his suit for default on 14.03.2022.

2. The respondent herein filed a suit for bare injunction against the petitioner in O.S.No.105 of 2016.The said suit was in the stage of P.W.1 cross examination and it was dismissed for default on 14.03.2022 for failure of P.W.1/ Power Agent of respondent to appear before the Court. Thereafter, the respondent filed an application for restoration of suit, which was supported by the affidavit of the power agent of the respondent. In the said affidavit, the power agent of the respondent stated that on 14.03.2022, he was unable to appear before the Court as he was away from his native place in connection with funeral of his relative. The said application was resisted by the revision petitioner by filing the counter. The Court below after hearing both the parties, also taking into consideration that the suit was already dismissed for default twice, pleased to allow the application filed by the respondent by imposing a cost of Rs.3000/-.

3. The learned counsel for the petitioner vehemently contended that the respondent is not at all interested in getting along with the suit and his previous conduct establishes his attempt to drag on the suit. The Court below by taking into consideration the previous conduct of the respondent had chosen to impose a cost of Rs.3000/- to allow the application, in order to give an opportunity to the respondent to conduct the case on merits. Therefore, this Court does not find any

illegality or irregularity in the order passed by the Court below.

4. In view of the above, this Civil Revision Petition stands dismissed. No costs. However, in view of the fact the suit is of the year 2016 and it was dismissed for default twice, this Court is inclined to issue a direction to the Court below to dispose of the suit as expeditiously as possible preferably within a period of six (6) months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 22.11.2022 nti Index: Yes/ No Speaking Order / Non-Speaking Order

S.SOUNTHAR , J.

nti To The Principal District Munsif Court, Kallakurichi.

22.11.2022