The trial court's failure to provide reasons in an ex-parte decree may warrant setting aside such a decree, reaffirming the necessity of just adjudication.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-08-2025 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN CRP No. 1389 of 2025 and CMP No.8252 of 2025 T. Ramesh S/o. T. Pappa Rao, Ranjanas Apartments, Near Bharani Studio, Saligramam, Chennai 93. Petitioner Vs Bharani R.Paluvai S/o. Late. P.S. Ramakrishna Rao, No.10, Vaidyarama St, T. Nagar, Chennai 017.

Respondent PRAYER This Civil Revision Petition is filed under Article 227 of the Constitution of India , to set aside the final Judgement and decree dated 23.03.2015 passed in OS NO.478 of 2014, on the file of XVI Additional Court, Chennai.

For Petitioner: Mr.M. Ganesan For Respondent: M/s.Rukmani.R.V for M/s.P.B.Ramanujam Associates

ORDER

This Civil Revision Petition has been filed to set aside the judgement and decree dated 23.03.2015 passed in OS NO.478 of 2014, on the file of XVI Additional Judge, XVI Additional City Civil Court, Chennai.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the respondent filed a suit in O.S.No.478 of 2014 on the file of XVI Additional City Civil Court, Chennai, as against the petitioner herein for recovery of money. Without assigning any reason, the trial Court has passed the following one line order/judgment:

“ P.W.1 present. Proof affidavit filed Ex.A1 to A3 marked. Suit claim proved. The suit is decreed as prayed for with costs”.

The learned counsel for the petitioner further submitted that the trial Court has not passed a speaking order/judgment. Hence, the judgment and decree passed by the trial Court is vitiated.

4. Admittedly, the respondent herein is the plaintiff, who filed a suit in O.S.No.478 of 2014 on the file of XVI Additional City Civil Court, Chennai, as against the defendant/petitioner herein for recovery of money. The petitioner was arrayed as defendant in the said suit and summon was served on him and the petitioner had also engaged a counsel and he entered appearance through the said counsel. Subsequently, the petitioner neither followed/contested the case nor filed written statement. Hence, an ex-parte decree was passed on 23.3.2015. Subsequently, the decree holder, who is the respondent herein had also filed E.P.No.3848 of 2015 and the same is pending. The judgment debtor, who is the petitioner herein has been kept quiet for nine years, now has filed this civil revision petition, invoking Article 227 of the Constitution of India , seeking to set aside the judgment and decree dated 23.3.2015 passed in O.S.No.478 of 2014 by the XVI Additional Judge, Chennai, stating that the trial Court has not passed the order in consonance with Order 20 of C.P.C., 5. On a perusal of the records, it is seen that the petitioner being a party to the suit, he knew very well about the case. He has not even filed written statement and allowed the trial Court to pass an ex-parte decree. The petitioner has not taken any steps for nine years and now taking advantage of the technicality, filed this civil revision petition. Further, the petitioner has suppressed the fact that the petitioner had already filed a petition to set aside the exparte decree and the same was also dismissed. The petitioner has not filed any petition challenging the dismissal of the said petition to set aside the ex-parte decree. Now, the petitioner is before this Court invoking Article 227 of the Constitution of India , challenging the judgment and decree passed by the trial Court. In view of the above facts, it is seen that the petitioner has not come to this Court with clean hands.

6. It is seen that the Trial Court has not followed the provision of either Order 20 of C.P.C., or the decision of