CRP/4496/2026 of Vishal Krishna Vs M.Vijay Kothari on 1 October 2026

ORDER

The unsuccessful defendant in O.S. No. 3390 of 2019 on the file XVII Additional Judge, City Civil Court, Chennai, aggrieved by the dismissal of the application in I.A. No. 3 of 2025, filed under Order XXXVII Rule 4 CPC, by order dated 25.03.2026, has filed the present civil revision petition.

2. Heard Mr.A. Chidambaram, learned counsel for the revision petitioner/defendant and Mr.G. Suryanarayanan, learned counsel for the respondent/plaintiff.

3. The respondent/plaintiff filed a suit under Order XXXVII, Rule 1 & 2 of CPC invoking summary procedure contemplated under the said Order and filed O.S. No. 3390 of 2019. The suit was decreed ex parte on 17.12.2019. Contending that the revision petitioner/defendant was not aware of the suit and the ex parte decree passed against him and he came to know about the same only on receipt of a notice issued by the learned counsel for the respondent/decree-holder on 23.12.2020, the revision petitioner attempted to take advantage of the exemption granted by the Honourable Supreme Court in view of the then prevailing Covid 19 pandemic situation, exempting period of limitation from 15.03.2020 to 28.02.2022 and filed an application to set aside the ex parte decree without an accompanying application seeking condonation of delay in filing the set aside application. The said application was strongly resisted by the respondent/decree-holder and the Trial Court, after considering 2\7

( Uploaded on: 07/10/2026 04:39:29 pm )

CRP No. 4496 of 2026 the contentions of the petitioner as well as the respondent, came to the conclusion that the petitioner was not entitled to seek umbrage under various orders passed by the Honourable Supreme Court in matters pertaining to Covid exemption period and also found that non-filing of condone delay application was fatal to the application filed only to set aside the ex parte decree under Order XXXVII Rule 4 CPC.

4. On going through the order under challenge, I do not find any illegality or infirmity in the finding arrived at by the Trial Court warranting interference. However, Mr.A.Chidambaram, learned counsel for the petitioner vehemently contends that the suit claim itself is hopelessly barred by limitation and therefore, if one opportunity is given to the petitioner and the petitioner is put on reasonable terms, then, the petitioner can at least agitate his defence in the trial.

5. Admittedly, the suit in question is a summary suit and an ex parte decree has already been passed and the application to set aside the ex parte decree invoking Order XXXVII Rule 4 CPC has also been dismissed. Considering the specific defence of the revision petitioner that the very suit itself is barred by limitation, I am of the considered opinion that one opportunity can be given to the petitioner to contest the suit on merits, however, by putting the petitioner on suitable terms. 3\7

( Uploaded on: 07/10/2026 04:39:29 pm )

CRP No. 4496 of 2026

6. As on date, according to Mr.G. Suryanarayanan, learned counsel for the respondent/plaintiff, in terms of the decree, a sum of Rs.76,44,476.65 is due and payable by the petitioner, including the principal borrowed amount of Rs.50 lakhs. Since, I am unable to find any ground to interfere with the order under challenge in the revision petition, unless the petitioner is able to substantially secure the interest of the respondent/plaintiff, I do not think that the petitioner deserves the indulgence of being afforded an opportunity to contest the suit on merits. Therefore, subject to the petitioner depositing a sum of Rs.50 lakhs to the credit of O.S. No. 3390 of 2019 on the file of XVII Additional Judge, City Civil Court, Chennai, either in one lumpsum or in two equal instalments within a period of 8 weeks from the date of receipt of the copy of this order, the ex parte decree dated 17.12.2019 shall stand set aside and in view of the above direction, conditional leave is granted to the petitioner. Without waiting for deposit of money, the petitioner shall file his written statement so that pleadings can be completed and time saved. The Trial Court shall also frame issues and get ready for trial. In the event of compliance of the condition by the petitioner, namely, deposit of Rs.50 lakhs to the credit of O.S. No. 3390 of 2019 within a period of 8 weeks from the date of receipt of a copy of this order, the Trial Court shall commence trial and the parties shall co- operate for expeditious disposal of the suit. The suit shall be disposed of by the Trial Court on or before 02.04.2027. On the aforesaid deposit being made by 4\7

( Uploaded on: 07/10/2026 04:39:29 pm )

CRP No. 4496 of 2026 the petitioner, the Trial Court shall transfer the amount to any Nationalised Bank and re-invest the same in an interest bearing deposit so that the successful party at the end of the trial shall also get the benefit of the accrued interest. It is needless to state that if the conditional order is not complied with, then the impugned order in this revision shall stand confirmed and the respondent shall be at liberty to execute the decree dated 17.12.2019. 5\7

( Uploaded on: 07/10/2026 04:39:29 pm )

CRP No. 4496 of 2026

7. The civil revision petition stands disposed of with the above directions. No costs. Connected C.M.P. is closed. 01-10-2026 Neutral Citation:Yes/No nv 6\7

( Uploaded on: 07/10/2026 04:39:29 pm )

CRP No. 4496 of 2026 P.B.BALAJI J. nv To The XVII Additional Judge, City Civil Court, Chennai. CRP No. 4496 of 2026

01-10-2026 7\7

( Uploaded on: 07/10/2026 04:39:29 pm )