Madras High Court
CRP/5743/2026 of D.Palani Vs Gowry Jewellery Mart on 14 October 2026
CRP No. 5743 of 2026
__________
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5743 of 2026
and CMP No. 24797 of 2026
CNR: {HCMA012109482026}
D.Palani
S/o Duraisamy Chettiar,
Old No.90, New No76,
Kalavai Chetty Street,
Chennai- 600 002.
..Petitioner(s)
Vs
Gowry Jewellery Mart
Rep.by its Partner K.Ramalingam,
Kanniappa Chettiar,
D.No.109/49, Pycroft Road,
(Bharathi Salai),
Chennai- 600 005.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 31.07.2026 in I.A.No.3 of 2026 in O.S.No.419 of 2025 on the file of the VI Additional City Civil Court, Chennai.
For Petitioner(s):
Mr.R.Selvakumar
For Respondent(s):
R.Lakshmi Narayanan
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 31.07.2026
( Uploaded on: 15/10/2026 05:36:12 pm )
CRP No. 5743 of 2026 __________
passed in I.A.No.3 of 2026 in O.S.No.419 of 2025 on the file of the VI Additional City Civil Court, Chennai, wherein the application filed by the petitioner to implead himself as defendant in the suit under Order I Rule 10 of C.P.C., came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.
3. The respondent is the plaintiff who filed the suit in O.S.No.419 of 2025 seeking for the relief of eviction and handing over the possession. The petitioner, who is the defendant, was set ex-parte on 10.06.2025. An application came to be filed to set aside the ex-parte order in IA No.2 of 2025 and the same was allowed on the condition that the petitioner will deposit a sum of Rs.10,000/- to the District Legal Services Authority, on or before 24.12.2025. Since this condition was not complied with, the application was dismissed and subsequently, the ex-parte decree came to be passed on 11.03.2026.
4. The petitioner filed IA No.3 of 2026 under Section 5 of the Limitation Act to condone the delay of sixty days in filing the application to set aside the ex-parte decree and this application came to be dismissed by the Court below on
( Uploaded on: 15/10/2026 05:36:12 pm )
CRP No. 5743 of 2026 __________
the ground that the petitioner has not assigned sufficient reasons for condoning the delay. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
5. Even when the Civil Revision Petition was entertained, this Court, in order to afford an opportunity to the petitioner had directed the petitioner to deposit cost of Rs.15,000/- to the credit of the suit on or before 08.10.2026. Accordingly, the cost was deposited on 07.10.2026 and a compliance affidavit has been filed.
6. In view of the above, in order to afford an opportunity to the petitioner to contest the case on merits, this Court is inclined to interfere with the order passed by the Court below and accordingly, the order dated 31.07.2026 passed in I.A.No.3 of 2026 in O.S.No.419 of 2025 on the file of the VI Additional City Civil Court, Chennai, is hereby set aside. The Court below is directed to set aside the ex-parte decree. Since the pleadings are complete, there shall be a direction to the VI Additional City Civil Court, Chennai, to dispose of the main suit in O.S.No.419 of 2025 on merits, within a period of four months from the date of receipt of copy of this order. The cost that has been deposited shall be permitted to be withdrawn by the respondent/plaintiff.
( Uploaded on: 15/10/2026 05:36:12 pm )
CRP No. 5743 of 2026 __________
7. In the result, this Civil Revision Petition stands allowed in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
( Uploaded on: 15/10/2026 05:36:12 pm )
CRP No. 5743 of 2026 __________
To The VI Additional City Civil Court, Chennai.
( Uploaded on: 15/10/2026 05:36:12 pm )
CRP No. 5743 of 2026 __________
N.ANAND VENKATESH, J. SSR CRP No. 5743 of 2026 14-10-2026
( Uploaded on: 15/10/2026 05:36:12 pm )