Madras High Court
CRP/4755/2026 of Natraj Vs Damayanthi (Died) 1. Kailash on 13 October 2026
CRP No. 4755 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 4755 of 2026
CNR: {HCMA011367562026}
and
CMP No. 20487 of 2026
Natraj
...Petitioner
Vs
Damayanthi (Died)
Vinoth Kumar (Died)
Shyam Kumar (Died)
1. Kailash
S/o. Late Sundararajan
2. Anusuya
W/o. late Vinoth Kumar
3. Sanjay
S/o. late Vinoth Kumar
4. Vilasini Nandakumar
D/o. Late Vinothkumar
5. Savitha @ Kumar
D/o. Late Shyamkumar
Santhosh S Kumar (Died)
..Respondents
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CRP No. 4755 of 2026
PRAYER: This Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the Fair and Decretal order dated 28.04.2026
passed in IA No. 500 of 2016 in IA No. 87/2015 in OS No. 11 of 2012 on the file of the Principal Sub Judge, Puducherry.
For Petitioner :
Mr. A.G.Rajan
For Respondents:
Mr.A.V.Arun
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ORDER
This Civil Revision Petition has been filed challenging the order passed by the Trial Court, dismissing the application filed by the petitioner to condone the delay of 207 days in filing application to restore I.A. No. 87 of 2015, which has been filed to restore the suit, that was dismissed for default.
2. It is seen from the typed set of papers that the petitioner herein filed a suit in O.S.No.11 of 2012 for specific performance against the respondents. The said suit was dismissed for default against defendants 1, 2, and 4 on 19.08.2014. The suit was continued only against the 3rd defendant. Subsequently, the entire suit was dismissed for default on 15.12.2014 due to the non-appearance of the plaintiff. Thereafter, the petitioner filed an application in I.A. No. 87 of 2015 seeking to restore the suit, which was dismissed for default. However the said application was again dismissed for default for the failure of the petitioner to pay batta. Thereafter, the petitioner filed an application to restore I.A. No. 87 of 2015 along with a petition to condone the delay of 207 days in filing the
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CRP No. 4755 of 2026
restoration application. The said condone delay petition was dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this Court. The learned counsel appearing for the petitioner would submit that there was no wilful default on the part of the petitioner, and the petitioner has failed to pay batta as he was searching for the correct address of the respondents.
3. It is seen from the typed set of papers that the petitioner has committed series of default. Initially, the suit was dismissed for default as against defendants 1, 2, and 5 on 19.08.2014 and the petitioner has not taken any steps to restore the suit against them. Subsequently, the suit was dismissed as against the contesting 3rd defendant also on 15.12.2014. Only thereafter, the petitioner has filed an application in I.A. No. 87 of 2015 for restoration of the suit. However, the petitioner has not paid batta for taking notice to the respondents in I.A. No. 87 of 2015. Due to the default on the part of the petitioner, I.A. No. 87 of 2015 was dismissed. Again, the petitioner has not filed an application to restore the dismissed application in I.A.No.87 of 2015 immediately, but filed the restoration application with a delay of 207 days. The petitioner has not given any reason for filing the petition with a delay. Taking into consideration the continuous default committed by the petitioner, the Trial Court rightly dismissed the application and I do not find any error in the impugned order passed by the Trial Court.
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CRP No. 4755 of 2026
6. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rya / mst To The Principal Subordinate Judge, Puducherry.
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CRP No. 4755 of 2026
S.SOUNTHAR, J. rya / mst CRP No. 4755 of 2026 CMP No.20847 of 2026 13-10-2026
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