Madras High Court
CRP/4370/2023 of P. ANTHONISAMY Vs Velanganni on 9 October 2026
CRP.No.4370 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP.No.4370 of 2023
CNR:{HCMA012006642023}
1. P.Anthonisamy
2. Marthal (Died)
..Petitioner(s)
Vs
Velanganni
..Respondent(s)
PRAYER: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to set aside the fair and decreetal order made in I.A.No.170 of 2023 in O.S.No.65 of 2012 dated 31.08.2023 passed by the learned District Munsif Cum Judicial Magistrate, Kattumannarkoil.
For Petitioner
: Mr.G.Pugazhenthi
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ORDER
The Civil Revision Petition is filed challenging the order passed by the District Munsif Cum Judicial Magistrate, Kattumannarkoil in I.A.No.170 of 2023 in O.S.No.65 of 2012, dated 31.08.2023, dismissing the application filed
CRP.No.4370 of 2023
by the petitioners seeking to condone the delay of 2157 days in filing the petition to restore the original suit, which was dismissed for default.
2. The petitioners herein filed a suit seeking declaration of title and injunction. The said suit was dismissed for default owing to non-appearance of the petitioners on 10.04.2017. Thereafter, the petitioners filed an application to restore the suit along with a petition to condone the delay of 2157 days on 05.04.2023. The said condone delay petition was dismissed by the Trial Court and aggrieved by the same, the petitioners have come before this Court.
3. The learned counsel appearing for the petitioners would submit that at the relevant point of time the 1st petitioner was affected by severe fever and jaundice. Therefore, he could not contact his counsel and instruct him suitably.
4. It is seen from the typed-set of papers that the suit of the petitioners was dismissed for default on 10.04.2017. In the affidavit filed in support of the condone delay petition, it was asserted by the 1st petitioner that he was affected by severe fever on 20.03.2017 and thereafter, he suffered jaundice and he had taken native treatment for the same. It is also stated that due to corona pandemic, the petitioner could not contact his counsel to give suitable instructions.
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5. As far as the averment regarding the corona pandemic is concerned, the same had happened only in March-2020. In the case on hand, the suit of the petitioners was dismissed for default on 10.04.2017, three years prior to corona pandemic. Likewise, the covid pandemic was over by February-2022. However, the instant application has been filed only in April-2023. Therefore, the 1st petitioner has no plausible explanation for the delay from April-2017 to March-2020 and February-2022 to April-2023. The vague reason given in the affidavit as if the 1st petitioner suffering from fever and jaundice, which is not substantiated by any medical records cannot be accepted to condone the lengthy delay of 2157 days. The Trial Court rightly appreciated the same and dismissed the condone delay petition. I do not find any error in the order impugned in this revision.
6. Accordingly, this Civil Revision Petition is dismissed. No costs. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm To The District Munsif Cum Judicial Magistrate, Kattumannarkoil.
CRP.No.4370 of 2023
S.SOUNTHAR J. dm CRP.No.4370 of 2023 09-10-2026