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S. M. SUBRAMANIAM
M. G. Duraisamy – Appellant
Versus
G. Jayakumari – Respondent
ORDER :
[Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the decreetal order and fair order made by the Special Sub Judge, Vellore in I.A.No.2 of 2021 in O.S.No.208 of 2019 and dated 21.07.2022.]
1. The civil revision petition is filed against the fair and decreetal order dated 21.07.2022 passed in I.A.No.2 of 2021 in O.S.No.208 of 2019.
2. The revision petitioner is the defendant in the Suit and the respondent instituted a Suit for recovery of money based on simple mortgage deed. The petitioner allowed the Trial Court to pass an exparte decree and subsequently, filed an Interlocutory Application in I.A.No.2 of 2021, after a lapse of about 200 days to set aside the exparte decree. The Trial Court adjudicated the issues and made a finding that the Suit has been instituted by the plaintiff based on a registered mortgage deed executed by the defendant. Thus, the Suit is not for specific performance as stated by the revision petitioner.
3. The revision petitioner/defendant had already filed his written statement, and not denied the mortgage executed by him in favour of the respondent/plaintiff. The Trial Court further found that sever
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 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.
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....
Delay in filing application to set aside ex-parte decree should be condoned when sufficient cause is established, especially in pending immovable property litigation.
The High Court, under Art. 227 of the Constitution, may issue a directive to a subordinate court to expedite the disposal of a pending application to avoid multiplicity of proceedings and irreparable....
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