Madras High CourtCRP(MD)/1774/2016allowed

Kailasam v. Kallathian,

2018-10-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD)No.1774 of 2016 Kailasam ... Petitioner/Petitioner/ Defendant /Vs./ Kallathian ... Respondent/Respondent/ Plaintiff Prayer: Civil Revision Petition - filed under Section 115 of the Civil Procedure Code, to set aside the fair and decreetal order in I.A.No.543 of 2014 in O.S.No.134 of 2011 dated 09.06.2016 on the file of the I Additional District Munsif Court, Tirunelveli and allow the civil revision petition with costs. For Petitioner : Mr.A.Arumugam for M/s.Ajmal Associates For Respondent : No appearance

ORDER

The defendant in O.S.No.134 of 2011 on the file of the First Additional District Munsif Court, Tirunelveli is the revision petitioner herein. The respondent has been served and his name is printed in the cause list. But, he has not chosen to enter appearance or appear in person. The respondent filed the suit seeking the relief of permanent injunction. The revision petitioner's address is shown as "Chokkampatti, Tenkasi Taluk, Tirunelveli District".

The property is not located in Chokkampatti Village. It is situated in Naduva Kurichi Village. The revision petitioner is a resident of Gowrivakkam, Chennai. By showing incorrect address, an exparte decree has been obtained. The revision petitioner became aware of passing of the decree, when he was summoned by the police for enquiry. Thereafter, he took steps to set aside the exparte decree. He filed an application under Order 9 Rule 13 CPC. But then, there was a delay of 874 days in filing the same. The Court below, however, chose to dismiss the application seeking condonation of the said delay. Challenging the same, this civil revision petition has been filed.

2. In view of the facts already mentioned, this Court is of the view that the Court below ought to have condoned the delay. The order impugned in this civil revision petition is set aside. Accordingly, this civil revision petition is allowed. https://hcservices.ecourts.gov.in/hcservices/

3. The Court below shall number the set aside application and also allow the same. However, The Court below shall issue a fresh hearing notice to the plaintiff. The petitioner herein is given an opportunity to contest the suit on merits. Since the suit is of the year 2011, the Court below shall conclude the same within a period of six months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-III) To 1.The I Additional District Munsif, Tirunelveli. 2.Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

(2 COPIES) +1 CC To MR.AJMAL ASSO., Advocate SR. NO. 89385 Order made in C.R.P.(MD)(PD)No.1774 of 2016 08.10.2018 SM TR/SKN/SAR-III(12.11.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/