Madras High Court
CRP(MD)/2497/2026 of Swaminathan Vs Jebamony Thas on 9 September 2026
C.R.P(MD)No.2497 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2026
CORAM:
THE HONOURABLE MS.JUSTICE R. POORNIMA
C.R.P(MD)No.2497 of 2026
and
C.M.P(MD)No.12384 of 2026
Swaminathan
...Petitioner
Vs.
Jebamony Thas
...Respondent
PRAYER: This Civil Revision Petition is filed under Section 115 of Constitution of India to allow this Civil Revision Petition and set aside the order dated 05.08.2026 passed in IA.No.2 of 2025 in OS.No.94 of 2021 on the file of the Additional District and Sessions Judge, Padmanabhapuram, in so far as the conditional order directing the revision petitioner to deposit Rs.2,50,000/- for the petition to condone the delay of 542 days in filing the application to set aside the exparte decree in O.S.No.94 of 2021 dated 09.06.2023 is concerned.
For Petitioner : Mr.Charles Kamalesh M.Appaji *****
C.R.P(MD)No.2497 of 2026
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ORDER
The Civil Revision Petition is filed against the order dated 05.08.2026 passed in IA.No.2 of 2025 in OS.No.94 of 2021 on the file of the Additional District and Sessions Judge, Padmanabhapuram.
2. The petitioner is the defendant. The respondent is the plaintiff. The respondent/plaintiff filed a suit for recovery of money against the petitioner/defendant. On 25.04.2022 the petitioner met with a road accident and could not meet his advocate and hence, the petitioner could not file his written statement. Therefore, the petitioner was called absent and set ex parte on 29.11.2022 and an ex parte decree was passed on 09.06.2023. Thereafter, the petitioner filed a petition to condone the delay of 542 days in filing the petition to set aside the ex parte decree dated 09.06.2023, which was allowed by the trial Court with a condition to deposit a sum of Rs.2,50,000/-, against which the present civil revision petition is filed.
C.R.P(MD)No.2497 of 2026
3. The learned counsel for the petitioner submitted that the petitioner met with an accident on 25.04.2022 and sustained multiple fractures and underwent intensive treatment. Again, on 29.09.2023, the petitioner underwent an Angiogram, due to sudden acute chest pain and therefore, he was not able to pay the amount as directed by the trial Court and therefore, seeks appropriate modification with regard to the amount directed to be deposited.
4. The reason stated in the petition seems to be genuine, the petitioner claims that, due to his continuous ailment, he is not in a position to pay the amount as directed by the trial Court. Therefore, he seeks some lineancy in depositing the amount and that the same may be reduced.
5. Considering the reasons stated by the petitioner, this Court is inclined to modify the condition to the effect that the petitioner is directed to deposit a sum of Rs.1,00,000/- before the trial Court on or before 24.09.2026.
C.R.P(MD)No.2497 of 2026
6. With the above observation, this civil revision petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
7. Post the matter on 25.09.2026 “for reporting compliance”.
09.09.2026 Index : Yes / No Internet : Yes / No RM To The Additional District and Sessions Judge, Padmanabhapuram.
C.R.P(MD)No.2497 of 2026 R. POORNIMA,
J.
RM C.R.P(MD)No.2497 of 2026 09.09.2026