Madras High Court
CRP(MD)/2787/2026 of K. Amutha Vs S. Kaliappan on 14 October 2026
CRP(MD) No. 2787 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2787 of 2026
CNR:{HCMD011392872026}
and
CMP(MD)No.14293 of 2026
K. Amutha
..Petitioner(s)
Vs
S. Kaliappan
..Respondent(s)
PRAYER: J-35. Civil Revision Petition filed under Section 115 of Civil Procedure Code to set aside the said order dated 01.08.2026 passed in
I.A.No.3 of 2026 in O.S.No.705 of 2023 on the file of the Principal Sub Court, Karur.
For Petitioner(s):
M/s.M.Chandra Sekar
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ORDER
This civil revision petition is filed against the order passed in IA.No.3 of 2026 in OS.No.705 of 2023 on the file of the Principal Sub Court, Karur. __________
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CRP(MD) No. 2787 of 2026
2. The petitioner is the defendant. The respondent is the plaintiff, who filed a suit for recovery of money of Rs.3,49,800/-. Subsequently, the suit was posted for filing of the written statement on 17.03.2024, but the petitioner’s counsel has not intimated to her about the case details and hence, she was unable to file her written statement. Therefore, she was set ex parte and an ex parte decree was passed on 03.07.2025. The petitioner came to know about the ex parte decree only after receipt of notice from the executing Court.
3. Subsequently, she filed a petition to condone the delay of 100 days in filing the petition to set aside the ex parte decree dated 03.07.2025. The trial Court allowed the petition, but directed the petitioner to deposit half of the suit amount into the Court.
4. According to the respondent, he seriously objected by stating that the petitioner has already appeared in cheque dishonour case and for almost 15 hearings, she appeared in the above case. In the criminal case also, she was present. Therefore, the reason to condone the delay is unacceptable and therefore, the trial Court taking into consideration the objection, though allowed the petition, directed the petitioner with a condition to pay half of the suit amount. __________
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CRP(MD) No. 2787 of 2026
5. The petitioner further states that the property has already been attached, which is more than the value of the suit in IA.No.1 of 2023 and therefore, again the trial Court directed to deposit half of the suit amount, which is improper. Therefore, the same is liable to be set aside.
6. Heard the learned counsel for the petitioner and perused the materials available on record.
7. On perusal of records, it is seen that there is an inordinate delay of 100 days in filing the petition to set aside the ex parte decree. The petitioner stated that her counsel has not informed her about the ex parte decree and further, it is noted that the petitioner’s property has already been attached in IA No.1 of 2023. Therefore, there is no need for the petitioner to once again deposit half of the suit value amount. However, that portion alone is now needed to be modified. Therefore, the petitioner need not to deposit half of the suit amount as directed by the trial Court. But the petitioner is hereby directed to co-operate for speedy disposal without getting any further adjournments. __________
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CRP(MD) No. 2787 of 2026
8. With the above direction, this Civil revision petition is partly allowed. No costs. Consequently connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RM copy to The Principal Sub Court, Karur. __________
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CRP(MD) No. 2787 of 2026 R.POORNIMA, J. RM CRP(MD) No. 2787 of 2026 14-10-2026 __________
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