CRP.(PD)No.3373 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

C.R.P.(PD)No.3373 of 2023

and

CMP.No.20944 of 2023

R.Govindan

... Petitioner

Versus

Panchamoorthy ... Respondent

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

India, prayed to set aside the Order in IA.No.438 of 2022 in OS.No.286 of

2015 filed under Order 9 Rule 7 of CPC pending before the Additional

District Munsif Court, Tindivanam and allow the petitioner to proceed with

the case within the time fixed by this Court.

For Petitioner

: Ms.P.Uma

ORDER

This Civil Revision Petition has been filed by the petitioner/defendant

to set aside the Order of dismissal passed by the learned Additional District

Munsif Court, Tindivanam in IA.No.438 of 2022 in OS.No.286 of 2015

dated 17.07.2023.

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CRP.(PD)No.3373 of 2023

2. The learned counsel for the petitioner/defendant has submitted that

originally, the suit in OS.No.286 of 2015 was filed by the

respondent/plaintiff under Order 7 Rule 1 of C.P.C for declaration and

permanent injunction against the petitioner/defendant.

3. The learned counsel for the petitioner/defendant has further

submitted that the petitioner/defendant is a poor person without any proper

means and hence, he has been seeking for appointment of an Advocate

through Legal Services Authority. Based on his request, Advocates were

appointed by the Legal Services Authority of Tindivanam. She further

submitted that each and every time, the Advocates are appointed, they have

not taken appropriate care for conducting and defending the case and no

written statement has been filed in the suit from the year 2015 onwards.

4. The learned counsel also stated that the matter was posted for trial,

he has not been in a position to file any written statement and his Advocates

have not chosen to file any written statement. Without written statement, the

trial Court has proceeded further by framing issues on 26.04.2018.

Thereafter, the trial was commenced on 14.02.2019 onwards and thereafter,

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CRP.(PD)No.3373 of 2023

the petitioner/defendant was set exparte on 14.02.2022 and thereby she

prays to allow the Civil Revision Petition.

5. Heard the submissions made by the learned counsel for the

petitioner/defendant and perused the materials available on records.

6. On going through the materials available on record it is seen that no

written statement has been filed by any of the Advocates who have been

appointed by the Legal Services Authority. Hence, the petitioner/defendant

was not in a position to proceed further. It is further seen that in the

meanwhile, the Court below has set him exparte. It is also seen that the

matter is posted on 11.08.2023 for exparte arguments. The Court below

ought to have considered only the counter filed by the respondent /plaintiff

in IA.No.438 of 2022 in OS.No.286 of 2015. At this juncture, the

petitioner/defendant has preferred the present Civil Revision Petition.

7. Taking into consideration the facts and the submissions made by

the learned counsel for the petitioner, this Court is of the view that last

opportunity to be given to the said petitioner/defendant and proper Senior

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CRP.(PD)No.3373 of 2023

Advocate to be appointed by the Legal Service Authority