Madras High Court
CRP(MD)/2913/2026 of SELVARAJ Vs DHARMARAJ on 3 November 2026
CRP(MD) No. 2913 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03-11-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2913 of 2026
CNR:{HCMD011577682026}
and
CMP(MD) No. 14967 of 2026
Selvaraj
Rengavalasu,
Kalanjipatti Village, Oddanchatram Taluk, Dindigul District.
..Petitioner(s)
Vs
Dharmaraj,
Shanmugamparai,
Periyammapatti Village,
Perumalpudhur Post, Palani Taluk,
Dindigul District.Dindigul
..Respondent(s)
PRAYER: Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the fair and decretal order dated 06.08.2026
made in I.A.No.3 of 2025 in unnumbered A.S. No…... of 2025 on the file on the file the Principal District Court, Dindigul and thus render justice.
For Petitioner(s)
:M/s J.R.Annie Abinaya
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ORDER
This petition has been filed to set aside the fair and decretal order passed by the Principal District Court, Dindigul. in I.A.No.3 of 2025 in unnumbered A.S. No....... of 2025 dated 06.08.2026.
CRP(MD) No. 2913 of 2026
2. The petitioner is the defendant in O.S.No.93 of 2022 on the file of the learned Subordinate Judge, Oddanchatram. The respondent/plaintiff filed the above suit for recovery of money, and the same was decreed on 01.02.2022. At that time, the petitioner was suffering from fever and isolated himself for five months, during which he was taking country treatment. Due to his illness, he was unable to work and earn money and also he could not meet his advocate to take steps to file an appeal, and hence, there was a delay of 271 days. In the meantime, the respondent/plaintiff filed E.P.No.55 of 2023, and the same was ordered on 17.04.2026. The trial Court, by order dated 06.08.2026, dismissed the condone delay petition in I.A.No.3 of 2025 in unnumbered A.S.No....... of 2025 on the technical ground that the petitioner had not produced any document to substantiate his illness. Even after the execution proceedings, he had not taken any steps to file an appeal.
3. Challenging the above order of dismissal dated 06.08.2026, the present petition has been filed.
4. The learned counsel for the petitioner submits that only after receiving notice in the E.P. proceedings, the petitioner fell ill and was
CRP(MD) No. 2913 of 2026 unable to give instructions to his counsel. He further submits that if he is not provided with an opportunity to participate in the appeal, his valuable rights will be defeated. Therefore, the order passed by the trial Court dated 06.08.2026 ought to be set aside and the petitioner should be provided with an opportunity.
5. Heard the learned counsel for the petitioner and perused the materials available on record.
6. The petitioner is the defendant in the suit filed by the respondent/plaintiff for recovery of money. After completion of the full trial, the suit was decreed on 01.02.2022, directing the petitioner to pay a sum of Rs.2,53,867/- to the respondent/plaintiff with an interest at the rate of 12%. Thereafter, the respondent/plaintiff filed an Execution Petition in E.P.No.55 of 2023 seeking execution of the decree. After the E.P. proceedings, the petitioner filed an appeal against the judgment and decree passed by the trial Court on 01.02.2022, along with a petition seeking condonation of the delay of 271 days in preferring the appeal.
7. The learned counsel for the petitioner contended that due to illness, the petitioner could not meet his counsel. He further submitted
CRP(MD) No. 2913 of 2026 that the petitioner is an agricultural labourer and, due to his financial difficulties, he was unable to pay the counsel's fees and thus couldn’t prefer an appeal. Therefore, there was a delay in filing the appeal.
8. The reasons stated by the learned counsel for the petitioner appears to be acceptable for condoning the inordinate delay. Therefore, this Court is inclined to allow this petition.
9. Accordingly, the fair and decretal order passed by the Principal District Court, Dindigul, in I.A.No.3 of 2025 in unnumbered A.S.No....... of 2025, dated 06.08.2026, is hereby set aside, and the Civil Revision Petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed.
10. At the same time, to establish the bona fides of the petitioner, the petitioner is directed to deposit half of the suit amount before the Sub- Court, Oddanchathiram. Upon receipt of the said amount, the Sub-Court, Oddanchathiram, is directed to stay the proceedings in E.P.No.55 of 2023 in O.S.No.93 of 2022 till the disposal of the appeal. The Principal District Court, Dindigul, is directed to accept the condone delay petition, and number the appeal, and dispose of the same within four months from the
CRP(MD) No. 2913 of 2026 date of appearance of both the parties. If the petitioner fails to deposit half of the suit amount, this order shall stand automatically cancelled. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSS Note : Issue order copy on 03.11.2026 To
1. The Sub-Court, Oddanchathiram.
2. The Principal District Court, Dindigul.
3. The Section Officer VR Section Madurai Bench of Madras High Court Madurai.
CRP(MD) No. 2913 of 2026 R.POORNIMA, J. DSS CRP(MD) No. 2913 of 2026 AND CMP(MD) No. 14967 of 2026 03-11-2026