A party has a valuable right to defend a suit, and a court should consider the reasons for any delay in filing an application to set aside an ex parte decree.

CRP(NPD).No.2372 of

2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

CRP(NPD).No.2372 of 2023

A.Senthil kumar ... Petitioner

Vs.

R.Subramaniam

...Respondent

PRAYER: This Civil Revision Petition is filed under Article 227 of the

Constitution of India, praying to set aside the fair order and decretal order

dated 03.06.2023 in I.A.No.2 of 2022 in O.S.No.143 of 2021 on the file of

the 1^st Additional District Court, Salem.

For Petitioner : Mr.K.Selvaraj

For Respondent : Mr.N.Subramaniayan

ORDER

This Civil Revision Petition has been filed to set aside the fair and

decretal order dated 03.06.2023 passed by the learned 1^st Additional District

Court, Salem, I.A.No.2 of 2022 in O.S.No.143 of 2021.

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2. Before the trial Court, the respondent filed a suit in O.S.No.143 of

2021 for the relief of specific performance with alternative relief. Further,

the trial had issed a summons to the defendant but he has not appeared and

thereafater, he was remained exparte and the said suit was decreed in

respect of alternative relief and dismissed the suit in respect of specific

performance. Further, the revision petitioner/defendant has filed an

application to condone the delay of 127 days in filing the application to set

aside the exparte decree dated 03.01.2022 in O.S.No.143 of 2021.. The said

application was dismissed by the trial Judge, holding that there was no

proper reason assigned in the delay application.

3. Challenging the same, the defendant/ revision petitioner has filed

this Civil Revision Petition before this Court.

4. The learned counsel for the revision petitioner submitted that the

revision petitioner taken efforts to get documents in order to prove his case

and after obtaining the said documents, he filed the appliction to condone

the delay. He further submitted that the revision petitioner is ready to contest

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CRP(NPD).No.2372 of

2023

the case. Hence, he prays to allow this petition.

5.By way of reply, the learned counsel for the respondent submitted

that proper reason not assigned in the affidavit and the revision petitioner

has not mentioned in the petition what are the documents relied in this case

Hence, the trial Court has rightly appreciated the facts and dismissed the

application.

6. On perusal of the recors, it reveals that the revision petitioner wants

to get some documents and he has not specifically mentioned in the petition.

Further, the suit was filed by the plaintiff in the year 2021 for the relief of

specific performance and alternative reliefs. The said suit decreed in favour

of the plaintiff. As a result, the plaintiff has preferred EP before the

Executing Court Admittedly, as per the plaintiff's claim comes around of

Rs.56,61,000/- with interest. However, liberty is granted to the plaintiff to

raise all defence before the trial Court

7. Considering the facts and circumstances of the case, the trial Court

had issued notice to the defendant but he has not appeared and thereafter, he

was remained exparte, the decree was passed. Further, the application filed

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CRP(NPD).No.2372 of

2023

by the petitioner to condone the delay of 127 days and without proper

reason assigned, the trial Court had dismissed the application. Hence, this

Court is of the opinion that the petitioner is unable t