Advocates:
['Achari', 'Antoni Associates', '', 'K S ILANGOVAN', 'M/S V S SIVASUNDARAM-MS', '', 'FOR RR AND', 'S VADIVEL MURUGAN-MS', 'P S VASANTHA KUMAR']

C.R.P.No.3066 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2022

CORAM:

THE HONOURABLE Mr. JUSTICE S.SOUNTHAR

C.R.P.No.3066 of 2022

Selvi

... Petitioner

Vs.

1.Parthasarathy

2.Salammal

... Respondents

PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of

India, to set aside the order and decreetal order dated 02.08.2022 in I.A.No.206 of

2021 in O.S.No.89 of 2016 on the file of the Principal District Musif Court at

Villupuram.

For Petitioner

: M/s.K.S.Ilangovan

for Achari and Antoni Associates

For Respondents

: No Appearance

O R D E R

This Civil Revision Petition is filed challenging the order passed by the Court

below dismissing the petition filed by the revision petitioner seeking to condone the

delay of 58 days in filing the petition to restore the suit which was dismissed for

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C.R.P.No.3066 of 2022

default on 16.04.2021.

2. According to the petitioner, he filed a suit for declaration and recovery of

possession against the respondents and the same is pending. The trial had already

commenced and it is in the stage of P.W.1 chief examination. It is further stated by

the learned counsel for the petitioner that the suit was posted for hearing on

16.04.2021 for further chief examination of P.W.1, and he did not appear before

the Court due to illness and consequently the suit was dismissed for default. After

recovery from illness, he filed a petition on 27.07.2021 to restore the suit which

was dismissed for default along with petition to condone the delay of 58 days.

3. Assailing the order of the Court below, the learned counsel for the

petitioner submitted that suit was dismissed for default on 16.04.2021 during covid

period. Consequently, in view of the order passed by Hon'ble Apex Court granting

general exclusion of limitation from 15.03.2020 to 28.02.2022., due to covid 19

pandemic, there is no need to file a petition to condone the delay. However the

petitioner was advised to file a petition to condone the delay of 58 days and the

Court below dismissed the petition without considering the exemption from

limitation. I find there is a considerable force in the argument made by the learned

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C.R.P.No.3066 of 2022

counsel for the petitioner. In view of the general exclusion of limitation granted by

the Hon'ble Apex Court during Covid period namely from 15.03.2020 to

28.02.2022, the petition for restoration of suit filed by the revision petitioner was

very much in time. Therefore, there is no need to file condone delay petition. The

petitioner herein has sworn an affidavit stating that he was affected by some kind

of illness and therefore he could not be able to appear before the Court on

16.04.2021 and contest the suit which is for declaration and recovery of

possession. In view of the fact that substantial rights of the parties is affected by

the the dismissal of the I.A., in order to give an opportunity to the revision

petitioner to conduct the case, this Court is inclined to set aside the order passed by

the Court below.

4. The Civil Revision Petition is allowed on payment of cost of Rs.5,000/- to

the respondents within a period of four (4) weeks from the date of receipt of copy

of this order. If the petitioner fails to pay the cost within the stipulated time, the

Civil Revision Petition stands automatically dismissed. The learned counsel for the

respondents made a request to this Court, to direct the Court below to dispose of

the suit. Having regard to the fact that the suit is of the year 2016 and also the

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C.R.P.No.3066 of 2022

S.SOUNTHAR

, J.

jai

fact that trial had already commenced, this Court is inclined to issue a direction to

the C