CRP/6399/2026 of A.Thillan Vs S.Jalal on 6 October 2026

ORDER

The Civil Revision Petition is filed challenging the order passed by the Trial Court in I.A.No.01 of 2023 in O.S.No.186 of 2017, dated 03.08.2026, dismissing the application filed by the petitioner seeking to condone the delay of 1402 days in setting aside the exparte decree passed against him.

2. The 1st respondent herein filed a suit for permanent injunction against the petitioner and the said suit was decreed exparte against the petitioner, who was arrayed as 1st defendant in the suit on 15.11.2018. The petitioner filed an application to set aside the exparte decree along with the petition to condone the delay of 1402 days. The said condone delay petition was dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this Court.

3. The learned counsel appearing for the petitioner would submit that the petitioner was one among 5 defendants arrayed in the suit and the suit proceedings were looked after by 2nd defendant on behalf of the petitioner and other defendants. However, the 2nd defendant failed to inform the status of the case to the petitioner and the exparte decree was passed against the petitioner. It

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came to the knowledge of the petitioner only on 12.08.2022, when he received notice in execution petition filed by the 1st respondent pursuant to the exparte decree. It is further stated that after receipt of notice in the execution petition, the petitioner fell ill and hence, he could not file an application to set aside the exparte decree immediately and ultimately, the petition to set aside the exparte decree was filed only on 17.10.2022.

4. A perusal of the affidavit filed in support of the condone delay petition would indicate that the petitioner has given two reasons to set aside the exparte decree. Firstly, it was the case of the petitioner that the 2nd defendant was incharge of the case on behalf of the petitioner and other defendants and he did not inform the real state of affairs to the petitioner. Secondly, the petitioner pleaded illness to explain the delay from 05.02.2018 to 17.10.2022.

5. A close scrutiny of the affidavit filed by the petitioner would indicate that admittedly the relationship between the petitioner and the 2nd defendant got soured on 05.02.2018 and thereafter, the 2nd defendant did not inform the petitioner regarding the status of the case. When the petitioner categorically admitted the relationship between the petitioner and the 2nd defendant got soured on 05.02.2018, why the petitioner failed to follow up the case till

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12.08.2022, when he received notice in execution petition, is not clear. When the relationship between the petitioner and the 2nd defendant got soured and difference of opinion had arisen as early as 05.02.2018, the inaction on the part of the petitioner till 2022, is not at all explained by the petitioner.

6. Further, admittedly the petitioner received notice in the execution petitioner on 12.08.2022 and however, the present application has been filed only on 17.10.2022. Even after receipt of notice, the petitioner has not filed application immediately and he has taken two months to file an application to set aside the exparte decree. Therefore, the Trial Court rightly appreciated the facts and dismissed the condone delay petition. I do not find any error in the impugned order passed by the Trial Court.

7. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm

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To The District Munsiff Court, Maduranthakam.

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S.SOUNTHAR J. dm CRP.No.6399 of 2026 and CMP.No.27554 of 2026 06-10-2026

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