Madras High Court
CRP/551/2026 of S. Dhanapaul Vs G.Babu on 7 October 2026
CRP No. 551 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 551 of 2026 and
CMP No.2946 of 2026
CNR: {HCMA013061552025}
S. Dhanapaul, S/o.Srinivasan,
No.3/8, M.G.R.Road,
P.V.P.Travels, 1st Floor,
Agaramel, Chennai 600 123
..Petitioner(s)
Vs
G.Babu, S/o. P.S. Gopalakrishnan,
Old No.2/66, New No.295/A,
Sannathi Street, Agaramel,
Chennai 123.
..Respondent(s)
Prayer: Civil Revision Petition is filed under Section 115 of CPC to set aside the Fair and Decreetal order dated 28.07.2025 made in IA No.3 of 2024 in OS
No.180 of 2022 on the file of II Additional District and Sessions Court, Thiruvallur at Poonamallee.
For Petitioner(s):
Mr. A.M.Krishnamoorthy
For Respondent(s):
Mr. V. Ramamurthy
__________
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CRP No. 551 of 2026
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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 seeking to condone the delay of 51 days in filing petition to set aside the exparte preliminary decree passed against him.
2. The respondent herein/plaintiff filed a suit in O.S.No.180 of 2022 for recovery of money based on the simple mortgage deed executed by the petitioner/defendant in favour of him. In the suit, an exparte preliminary decree was passed against the petitioner on 04.08.2022. The petitioner filed an application to set aside the exparte preliminary decree along with a petition to condone the delay of 791 days in filing the set aside petition. The condone delay petition was dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this court.
3. The learned counsel for the petitioner would submit that the petitioner is an illiterate person and he has no working knowledge in Tamil. It is further stated by him that the petitioner/defendant has not received any notice in the suit and he acquired knowledge about the suit only after receipt of notice in the final decree proceedings. Hence, there is a delay in filing the petition to set aside the exparte preliminary decree. __________
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CRP No. 551 of 2026
4. The learned counsel for the respondent would submit that he has no serious objection for allowing the civil revision petition.
5. It is seen from the records that though in the impugned order the Trial Court mentioned that the summons sent to the petitioner/defendant had been refused, there is no indication in the order whether the refusal endorsement was verified by Process Server or he was examined on oath regarding the said fact of refusal in terms of Order V Rule 19 of CPC. In Paarasurma Udayar Vs. Appadurai Chetty and others reported in AIR 1970 Mad 271 = MANU/TN/0145/1970, this court held that in a case, where, the summons are refused, examination of the Process Server is mandatory, when return is not verified by the Process Server. Since the said procedure has not been followed by the Trial Court, I am inclined to set aside the impugned order.
6. Accordingly, this civil revision petition is allowed. The Trial Court is directed to take up the application filed under Order IX Rule 13 CPC and dispose of the same as expeditiously as possible. There shall be no order as to costs. Connected miscellaneous petition is closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST __________
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CRP No. 551 of 2026 To The II Additional District and Sessions Judge, Tiruvallur at Poonamallee. __________
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CRP No. 551 of 2026 S.SOUNTHAR, J. MST CRP No. 551 of 2026 07-10-2026 __________
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