CRP/1702/2025 of CHINNAKANNU Vs SALAMMAL on 8 October 2026

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 07-02-2025 passed in I.A.No.7 of 2025 in O.S.No.63 of 2017 by the Additional Sub Court, Krishnagiri, wherein the application filed by the petitioners/defendants 3 to 7 under Order IX Rule 7 CPC to set aside the ex parte order dated 20.10.2017, came to be dismissed by the Court below.

2. Heard learned counsel on either side and carefully perused the materials available on record. This Court also went through the impugned order.

3. The first respondent is the plaintiff, who filed the suit in O.S.No.63 of 2017 seeking for the relief of partition and for allotment of 1/8th share in the suit property. The petitioners, who are defendants 3 to 7, after entering appearance, did not file the written statement and hence, they were set ex parte on 20.10.2017. In the year 2025, the petitioners filed an application under Order IX Rule 7 CPC to set aside the ex parte order. The Court below dismissed this application on the ground that there is absolutely no explanation for the extraordinary delay of 7 years in filing the application. Aggrieved by the said order, the present civil revision petition has been filed before this Court.

4. In the considered view of this Court, the suit is for partition and therefore, an opportunity can be given to the petitioners/defendants 3 to 7 to contest the suit subject to payment of cost. Even if the contesting party does not raise serious objections to set aside the ex parte order, the petitioners/defendants 3 to 7 have taken away the valuable time of the Court and therefore, the Court has to impose cost in a case of this nature even if ultimately the petition is allowed. In view of the above, the order dated 07-02-2025 passed in I.A.No.7 of 2025 in O.S.No.63 of 2017 by the Additional Sub Court, Krishnagiri, is set aside and the civil revision petition is allowed subject to the condition that the petitioners will deposit a total sum of Rs.2,500/- [Rupees Two Thousand and Five Hundred only] to the Madras High Court Advocate Clerks Welfare Association (MHAAC) on or before 26.10.2026. If this condition is complied with, the ex parte order will stand set aside and the petitioners/defendants 3 to 7 will be allowed to contest the case on merits. If this condition is not complied with, the order passed by the Court below in I.A.No.7 of 2025 in O.S.No.63 of 2017 dated 07-02-2025, will stand revived. There shall be a direction to the Additional Sub Court, Krishnagiri, to dispose of the suit in O.S.No.63 of 2017

N.ANAND VENKATESH, J. gm within a period of four (4) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Additional Sub Court, Krishnagiri. Civil Revision Petition No.1702 of 2025