Madras High CourtCRP(MD)/1208/2016dismissed

M.Charles, 17/16, Thai Illam, v. State Bank Of Travancore,

2016-06-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.06.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(MD)No.1208 of 2016 and C.M.P.(MD)No.5965 of 2016 1.M.Charles 2.Vencheslas 3.T.Arun .. Petitioners/Defendants/Petitioners vs.

State Bank of Travancore, Alanchi Branch, Kanyakumari District, Rep. By its Branch Manager, Vilavancode Taluk, Keelmidalam Village, Palapallam Post, Maddalagadu, Kanyakumari District.

.. Respondent/Respondent/Respondent Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to set aside the order and decreetal order dated 26.04.2016 made in I.A.No.37 of 2015 in O.S.No.213 of 2010 on the file of the Sub Court, Padmanabhapuram, insofar as the same are against the petitioners.

For Petitioners : Mr.K.N.Thampi

ORDER

This revision arises out of the order passed by the Sub Court, Padmanabhapuram in I.A.No.37 of 2015 in O.S.No.213 of 2010.

2. The respondent as plaintiff instituted a suit in O.S.No.213 of 2010 against the petitioners for recovery of Rs.2,15,928/-. The suit was decreed ex-parte on 31.08.2012 and thereafter, the petitioners filed an application in I.A.No.37 of 2015 seeking to condone the delay of 716 days in filing the application to set aside the ex-parte decree. The application was allowed on condition that the petitioners shall deposit Rs.2,00,000/- to the credit of O.S.No.213 of 2010 on or before 09.06.2016. Challenging the order, the present revision is filed.

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3. Mr.K.N.Thampi, learned counsel appearing for the petitioners would submit that the respondent-Bank has not filed their counter to oppose the application and the condition to deposit Rs.2,00,000/- is onerous.

4. I am not able to agree with the submissions of the learned counsel for the petitioners for the reasons that the suit was filed by the respondent-Bank in the year 2010 and the petitioners, who are working as Teachers in a Government Aided School, despite received summons remained ex-parte.

5. In view of the above facts, I do not find any merits in the order impugned in the revision. Hence, this Civil Revision Petition is dismissed. The petitioners are directed to deposit the amount within a period of two weeks from the date on which the order copy is made ready. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, Padmanabhapuram.

+1cc to Mr.K.N.THAMPI,Advocate Sr.No.31776 Ps AA/GSV-PM/05.07.2016/2p-3c C.R.P(MD)No.1208 of 2016 and C.M.P(MD)No.5965 of 2016 21.06.2016 https://hcservices.ecourts.gov.in/hcservices/