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K. GOVINDARAJAN THILAKAVADI
Murugan – Appellant
Versus
Subramani – Respondent
JUDGMENT
(Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and final order dated 11.10.2022 made in I.A.no.296 of 2021 in O.S.No.26 of 2017 passed by the Additional District Munsif Court, Tiruvannamalai.)
This Civil Revision Petition is filed by the petitioners/defendants challenging the fair and final order dated 11.10.2022 made in I.A.No.296 of 2021 in O.S.No.26 of 2017 on the file of the Additional District Munsif Court, Tiruvannamalai.
2. According to the petitioners, the respondent has filed a suit in O.S.No.26 of 2017 for recovery of possession. In the said suit, the petitioners/defendants were set exparte on 03.07.2019 and an exparte decree was passed accordingly. The contention of the petitioners is that they were not aware of the exparte decree and only at the time of receiving notice in E.P.No.2 of 2020, they came to know about the exparte decree passed in the above suit.
3. In the affidavit, the petitioners have stated that the first petitioner was suffering from Jaundice and he was the only person taking care of the case and because of his ailment he was unable to appear before the Trial Court. Hence, his absence was no
The right to contest a case on merits, as per Article 21 of the Constitution, should be granted, and the inconvenience caused to the parties must be compensated by costs.
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 delay in representation can be excused if the party makes a case for condoning the delay, and the Court has to ensure that justice does not suffer in such cases.
The court emphasized the importance of valid reasons for delay in legal applications and upheld discretionary powers of trial judges while ensuring the need for procedural correctness.
The court emphasized that delay in filing to set aside an ex parte decree must be justified with valid reasons, and a liberal approach does not permit fanciful explanations.
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