CRP/6304/2026 of Sridhar (died), 1.Lakshmi Vs Subramaniyan on 5 October 2026

ORDER

This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 22.7.2026 passed in I.A.No.181 of 2025 in O.S.No.95 of 2019 on the file of the District Munsif-cum-Judicial Magistrate Court, Kurinjipdi (for short, the Court below) wherein the application filed by the petitioner/proposed party to condone the delay of 1884 days to set aside the abatement of the said suit to implead the legal heirs of the deceased first defendant came to be dismissed.

2. Heard the learned counsel for the petitioner.

3. This Court has carefully considered the submissions of the learned counsel for the petitioner and perused the materials available on record and more particularly the impugned order.

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4. The first respondent, who is the plaintiff, filed the said suit seeking for the relief of declaration and for permanent injunction. The first defendant was already set ex parte on 12.12.2018 and he ultimately died on 20.6.2020. The other defendants also did not contest the said suit and they were also set ex parte before the Court below. After the demise of the first defendant, his mother – the petitioner filed the said application seeking to condone the delay of 1884 days to set aside the abatement of the said suit to implead the legal heirs of the deceased first defendant.

5. The Court below, while dealing with the said application, came to the conclusion that there was absolutely no convincing reason to condone such an exorbitant delay and that the first defendant, during his life time, never took steps to set aside the ex parte order passed against him and ultimately dismissed the said application by the impugned order. Aggrieved by that, the above civil revision petition has been filed before this Court.

6. In the considered view of this Court, the petitioner is attempting to get herself impleaded in the said suit in the place of

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the first defendant. The first defendant was already set ex parte as early as 2018. In the year 2025, the said application has been filed by the petitioner seeking to condone the delay of 1884 days to set aside the abatement of the said suit to implead the legal heirs of the deceased first defendant.

7. This Court is of the view that there is no question of a suit getting abated for the simple reason that the first defendant has already been set ex parte and has not contested the said suit. Therefore, ultimately, the said suit will only end in an ex parte decree if and when the suit is decreed. Hence, the said application has been filed without assigning any reason for the exorbitant delay and the Court below rightly dismissed the said application. There is no ground to interfere with the impugned order passed by the Court below.

8. Accordingly, the above civil revision petition is dismissed. Consequently, the connected CMP is also dismissed. 05-10-2026

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To The District Munsif-cum-Judicial Magistrate Court, Kurinjipadi. RS

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N.ANAND VENKATESH,J RS CRP.No.6304 of 2026& CMP.No.27201 of 2026 05-10-2026

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