Madras High Court

CRP/3013/2023 of VIJAYA Vs SUDHAKAR on 26 October 2026

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CRP No. 3013 of 2023

__________

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 3013 of 2023

and CMP No. 18590 of 2023

CNR: {HCMA011451232023}

Vijaya

W/o.Subramaniyan, Erthukaranpatti Village, Ariyalur Tk and Dist.

..Petitioner(s)

Vs

1. Sudhakar

S/o.Gurusamy, Arankottai Village,

Udayarpalayam Tk, Ariyalur Dist.

2. Ramesh

S/o.Gurusamy, Arankottai Village,

Udayarpalayam Tk, Ariyalur Dist.

3. Sumathi

Cudalur Village, Thittakudi Tk, Cuddalore Dist.

4. Gurusamy

S/o.Veeramuthu, Arankottai Village,

Udayarpalayam Tk, Ariyalur Dist.

5. Baskar

S/o.Gurusamy, Arankottai Village,

Udayarpalayam Tk, Ariyalur Dist.

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed in IA. order 560 of 2016 in OS.NO. 190 of 2013, dated 22.06.2023 by the Principal District Munsif Court, Jayamkondam.

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CRP No. 3013 of 2023

__________

For Petitioner(s):

Mr.S.Kannan

S.Anandhi

For Respondent(s):

Ms.V.Swesthi Varsha for

Ms.M.Senthilvadivu

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ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 22.06.2023 passed in IA. order 560 of 2016 in OS.No.190 of 2013 on the file of the Principal District Munsif Court, Jayamkondam, wherein the application filed by the petitioner/2nd defendant under Section 5 of the Limitation Act to condone the delay of 337 days in setting aside the ex-parte order dated 16.12.2014, came to be rejected by the Court below.

2. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the respondents and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

3. The respondents 1 to 3 are the plaintiffs who filed the suit in O.S.No.190 of 2013 seeking for the relief of partition. The petitioner, who is the 2nd defendant, was set ex-parte on 16.12.2014. Hence, the petitioner filed IA

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CRP No. 3013 of 2023 __________

No.560 of 2016 to condone the delay of 337 days in filing the application to set aside the exparte order. This application came to be dismissed by the Court below on the ground that no sufficient cause has been shown by the petitioner to condone the delay. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.

4. In the considered view of this Court, the order passed by the Court below is liable to be interfered with by this Court on two grounds. The first ground is that the application was filed in the year 2016 and this application was disposed of only after seven years, in the year 2023. The second ground is that no limitation has been provided for set asiding an ex-parte order and therefore, there was no necessity to file an application to condone the delay. The law on this issue is now too well settled. This was not even taken into consideration by the Court below.

5. In the light of the above discussion, the ex-parte order dated 16.12.2014 passed against the petitioner/2nd defendant is set aside and the Court below shall proceed to permit the petitioner to file a written statement and prosecute the suit on merits. Considering the fact that suit was filed in the year 2013, there shall be a direction to the Principal District Munsif, Jayankondam, to dispose of the suit in O.S.No.190 of 2013, within a period of six months from the date of receipt of copy of this order.

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CRP No. 3013 of 2023 __________

6. In the result, this Civil Revision Petition stands allowed in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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CRP No. 3013 of 2023 __________

To The Principal District Munsif Court, Jayamkondam.

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CRP No. 3013 of 2023 __________

N.ANAND VENKATESH, J. SSR CRP No. 3013 of 2023 26-10-2026

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