Madras High Court
CRP/3463/2026 of Vennila Sundar Vs Latha Biju on 28 August 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No.3463 of 2026
Vennila Sundar
..Petitioner
Vs
Latha Biju
..Respondent
Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside the order dated 26.11.2025 passed in I.A.No.8 of 2025 in O.S.No.1432 of 2019 on the file of the III Additional City Civil Court, Chennai.
For Petitioner:
For Respondent:
Mr.G.S.Kabilan
for Mr.KVP.Deepak Raj
Mr.M.Muthappan
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ORDER
This revision petition has been filed to set aside the order dated 26.11.2025 passed in I.A.No.8 of 2025 in O.S.No.1432 of 2019 on the file of the III Additional City Civil Court, Chennai.
2. I have heard Mr.G.S.Kabilan, for Mr.KVP.Deepak Raj, learned counsel for the revision petitioner and Mr.M.Muthappan, learned counsel for the respondent.
3. This is a peculiar case where the plaintiff was under the impression that the suit filed by him was pending and that the defendant was called upon to lead evidence in the counter claim, was in fact diligently defending the counter claim. However, at a later point of time, it has come to the knowledge of the plaintiff that the suit had been dismissed for default even on 15.12.2023. The junior counsel attached to the office of the counsel for the plaintiff has filed an affidavit, owning up the mistake on his part. However, the Trial Court has dismissed the said application, as against which, the present revision petition has been filed.
4. The learned counsel for the respondent would bring to my notice that subsequently, the counter claim was proceeded with and excepting the hearing on 15.12.2023, when the suit was dismissed for default, even on the next hearing date and all other subsequent dates, the counsel for the plaintiff was present and diligently defended the counter claim. He would in fact also bring to my notice that the counter claim itself has been dismissed on merits recently.
5. Considering that the suit and the counter claim had to be tried together and admittedly, the suit has been dismissed for non prosecution, in the interest of justice and to safeguard the interest of both parties, I am inclined to set aside the judgment and decree of the Trial Court.
6. In fine, the Civil Revision Petition is allowed and the order dated 26.11.2025 in I.A.No.8 of 2025 in O.S.No.1432 of 2019 on the file of the III Assistant City Civil Court, Chennai, is set aside. While allowing the revision, I am also inclined to set aside the judgment and decree in the counter claim. The parties shall lead evidence afresh with the plaintiff entering the witness box in O.S.No.1432 of 2019 and shall file a proof affidavit, meeting the suit claim, as well as the counter claim. Thereafter the plaintiff shall be cross-examined and if any further witnesses are to be examined on the side of the plaintiff, the same shall also be done within a period of three months from the date of commencement of the trial. Thereafter, the defendant shall be entitled to lead evidence and the evidence on the side of the defendant, including any witnesses on the side of the defendant, shall be completed, within a period of three months from the completion of the plaintiff's evidence. The Trial Court shall dispose of the suit and the counter claim on or before 31.03.2027. No costs. Connected Civil Miscellaneous Petition is closed. 28.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA To The III Additional City Civil Court, Chennai.
P.B.BALAJI, J. ATA CRP No.3463 of 2026 28.08.2026