CRP/6713/2026 of J.Sangeetha Vs Sakthi Saravana Finance on 27 October 2026

ORDER

This Civil Revision Petition has been filed challenging the order or return passed by the Executing Court dated 21.09.2026.

2. The respondent herein/plaintiff filed a suit in O.S.No.391 of 2022 seeking specific performance along with an alternative relief for return of advance amount. The said suit was dismissed in so far as the primary relief for specific performance is concerned, however, the suit was decreed in respect of the alternative relief for return of the advance amount. Based on the said decree, the respondent/plaintiff had filed E.P.No.56 of 2026 seeking recovery of the amount. In the said execution proceedings, the petitioner was set exparte on 20.08.2026. Subsequently, on 22.08.2026, an order was passed in the Execution Petition, directing presentation of sale papers. The petitioner filed an application in E.A.Sr No.10195 of 2026 seeking to set aside the order dated 20.08.2026 and 22.08.2026. The said application was returned by the Executing Court, by relying on the R.O.C.No. 81478-A/2025/F1, dated 11.09.2025.

3. The R.O.C. relied on by the Executing Court is pertaining to 30 days limitation for filing an application under Order XXI Rule 106 of CPC. In the case on hand, the petitioner was set exparte on 20.08.2026. However, no final order was passed in the Execution Petition on that date. Therefore, as per the __________

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CRP No. 6713 of 2026 judgment of this court in Sundarammal Vs. Kanakaraj reported in 2025 SCC Online Madras 2980, the petitioner can file an application at any time, before passing any operative final order in the execution petition.

4. It is seen from the affidavit filed by the petitioner in support of the set aside petition that after setting the petitioner exparte on 20.08.2026, an order was passed by the Executing Court on 22.08.2026, directing the respondent/decree holder to furnish the sale papers, within 30 days. The petitioner filed the instant application on 21.09.2026 seeking to set aside the exparte order, exactly 30 days from the date of final operative order passed on 22.08.2026. In such circumstances, the petition filed under Order XXI Rule 106 CPC is very well maintainable, as the application has been filed within 30 days from the date of passing the operative order on 22.08.2026. In view of the above discussion, the objection raised by the Executing Court dated 21.09.2026 is set aside.

5. The petitioner is directed to re-present the E.A.Sr.No.10195 of 2026 in E.P.No.56 of 2026 within a period of two weeks from the date of receipt of copy of this order. On such re-presentation, the Executing Court shall number the application, if it is otherwise in order and proceed with the same in accordance with law. The Registry is directed to return the original papers in E.A.Sr No.10195 of 2026 in E.P.No.56 of 2026, to the counsel for the petitioner. __________

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CRP No. 6713 of 2026

6. With the above observations and directions, this civil revision petition is allowed. There shall be no order as to costs. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The I Additional Subordinate Judge, Erode. __________

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CRP No. 6713 of 2026 S.SOUNTHAR, J. MST CRP No. 6713 of 2026 27-10-2026 __________

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