Madras High Court

CRP/6344/2026 of N.J.Sundararaju @ J.Soundararajan Vs N.Alagappan on 6 October 2026

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CRP No. 6344 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 6344 of 2026

and CMP No. 27728 of 2026

CNR: {HCMA012303832026}

1. N.J.Sundararaju @ J.Soundararajan

S/o. N.Jayabalan,

Vazhisothanaipalayam,

Annavalli madura,

Cuddalore

2. A Gnanasekaran

S/o. Appulingam,

No.40, Andiapalayam Thoppu Street,

Ramapuram Village,

Cuddalore

..Petitioner(s)

Vs

N.Alagappan

S/o. A.L.Nagappan chettiar,

G1, TNHB, HIG Golden Jubilee Apartments, K.K.Nagar, Chennai

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 20-08-2026 passed in

I.A.3/2023 in O.S.No.3108/2023 on the file of the XV Additional City Civil Court(FAC), Chennai insofar as the learned Trial Court has imposed the condition directing the petitioners to deposit a sum of Rs.5,00,000/- and consequently modify the order dated 20.08.2026 and grant unconditional leave to defend O.S.No3108 of 2023 to the petitioners.

For Petitioner(s):

K Shanmugam

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CRP No. 6344 of 2026

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ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 20.08.2026 passed in I.A.No.3 of 2023 in O.S.No.3108 of 2023 on the file of the XV Additional City Civil Court(FAC) Chennai, wherein the application filed by the petitioners/defendants seeking for leave to defend under Order XXXVII Rule 3(5) of C.P.C., came to be allowed with a condition that the petitioners/defendants must deposit a sum of Rs.5 Lakhs on or before 08.09.2026, failing which, the petition will stand dismissed.

2. Heard the learned counsel for the petitioners and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

3. The respondent/plaintiff filed the summary suit in O.S.No.3108 of 2023, seeking for the recovery of a sum of Rs.40 Lakhs along with interest. The petitioners, who are the defendants, filed IA No.3 of 2023 under Order XXXVII Rule 3(5) of C.P.C., to grant leave to defend the suit. Such application was filed mainly on the ground that the petitioners/defendants had not borrowed any money from the respondent/plaintiff and the entire claim made by the plaintiff was unsustainable.

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CRP No. 6344 of 2026

4. To substantiate his submission, the learned counsel relied upon the judgment of the Apex Court in IDBI Trusteeship Services Ltd., vs. Hubtown Ltd.

5. The Court below, on considering the rival contentions, found that there were triable issues. But however, considering the fact that registered mortgage deed had been executed in the year 2013 for the loan of Rs.5 Lakhs, the Court below thought it fit to impose a condition by directing the petitioners/defendants to deposit a sum of Rs.5 Lakhs to the credit of the suit on or before 08.09.2026. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.

6. In the considered view of this Court, the Court below has properly appreciated the claim made by the plaintiff and the grounds raised by the petitioners in the application filed seeking for leave to defend. Considering the specific ground raised by the petitioners to the effect that they had not executed any promissory note, the Court below thought it fit to confine the condition only to a sum of Rs.5 Lakhs, which is borne out by a registered Mortgage Deed dated 18.07.2013. This condition imposed by the Court below is reasonable and does not suffer from any perversity.

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CRP No. 6344 of 2026

7. In the light of the above discussion, the order dated 20.08.2026 passed in I.A.No.3 of 2023 in O.S.No.3108 of 2023 on the file of the XV Additional City Civil Court (FAC), Chennai, is confirmed. There shall be a direction to the petitioners to deposit the sum of Rs.5 Lakhs on or before 03.11.2026, failing which, the application filed in I.A.No.3 of 2023 will stand automatically dismissed and the Court below shall proceed further to deal with the summary suit in accordance with law.

8. In the result, this Civil Revision Petition is dispose of in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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CRP No. 6344 of 2026

To The XV Additional City Civil Court(FAC), Chennai.

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CRP No. 6344 of 2026

N.ANAND VENKATESH, J. SSR CRP No. 6344 of 2026 06-10-2026

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