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S. KANNAMMAL
G. Sankar – Appellant
Versus
M. Samiappan – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Section 227 of the Constitution of India, against the fair and decreetal order, dated 13.12.2019 made in I.A.No.1 of 2019 in O.S.No.19 of 2019 on the file of the Additional District Court, Dharmapuri.)
1. The Civil Revision Petition is filed by the defendant in O.S.No.19 of 2019 against an order, dismissing the application filed to set aside an exparte decree.
2. The suit was filed for specific performance by the respondent/plaintiff in O.S. No.19 of 2019 on the file of the Additional District and sessions Court, Dharmapuri. While the suit was posted for filing written statement, the defendant did not enter appearance and hence an exparte decree was passed on 13.08.2019. Thereafter the Interlocutory application was filed in I.A.No.1 of 2019 seeking to set aside the exparte decree. The said application was dismissed by the Trial Court. According to the defendant, he was out of station when the case was listed on 13.08.2019 and hence, he could not appear before the Court on the said date.
3. The trial Court upon consideration of the reasons assigned in the affidavit filed in support of the application, faulted the petitioner/defendant
The defendant's right to defend the litigation and the timely filing of the petition and written statement are valid reasons to set aside an exparte decree.
The importance of a valid and reasoned judgment in compliance with procedural requirements, considering the substantial rights of the parties and the hardship caused to the plaintiff due to the delay....
The court has the discretion to set aside an exparte decree in the interest of justice, allowing the petitioner/defendant to defend the suit by imposing conditions such as a deposit to the credit of ....
Illness as a valid reason for non-appearance, subsequent developments in the case, and the need to provide an opportunity for the petitioner to contest the matter are valid grounds for delay condonat....
The main legal point established in the judgment is that a party approaching the court must do so with clean hands and must not engage in forum shopping. Additionally, the judgment and decree passed ....
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