Madras High CourtCRP(MD)/1591/2023dismissed

K. Alagudurai Singam, v. R. Prabakaran,

2026-02-19Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD).No.7810 of 2023 1.Alagudurai Singam 2.T.Navaneethakrishnan 3.B.Ramanathan ... Petitioners Vs R.Prabakaran ... Respondent PRAYER :-Civil Revision Petition filed under Section 115 of Code of Civil Procedure, to set aside the order dated 07.01.2023 made in I.A.No.1 of 2021 in O.S.No.726 of 2013, on the file the Sub Court, Melur. For Petitioners : Mr.R.G.Shankar Ganesh For Respondent : Mr.C.K.M.Appaji

ORDER

This civil revision petition has been filed to set aside the order dated 07.01.2023 made in I.A.No.1 of 2021 in O.S.No.726 of 2013, on the file the Sub Court, Melur.

1/4

2.The petitioner has filed the above said application to condone the delay of 983 days caused in filing the application to set aside the exparte decree. According to the revision petitioner, the papers were not served to the learned counsel on record. Subsequently, the papers was served to the Junior counsel. Therefore, such papers could not be brought to the notice of the office. Even such a finding does not reflect in the impugned order.

3.The learned counsel for the respondent submitted that when there was a delay of 983 days, the revision petitioner ought to have explained the same with reasons. by producing sufficient materials and documents. In the absence of any explanation for the delay of 983 days, there is infirmity in the order passed by the trial Court. 4.This Court considered the rival submissions and perused the records.

5.The delay on the part of the revision petitioner is an inordinate delay without any valid reason. Hence, this Court is of the view that the 2/4

trial Court rightly dismissed the application. There is no infirmity in the order passed by the trial Court.

6.Accordingly, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Speaking : Yes / No 19.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Subordinate Judge, Melur.

2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

N.SENTHILKUMAR, J.

TM 19.02.2026 4/4