CRP No.3824 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

CRP No.3824 of 2019

1.

Chinna Akkamma

Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code,

praying to set aside the fair and decretal order dated 09.06.2017 made in I.A.No.757

of 2015 in O.S.No.189 of 1996 on the file of the District Munsif, Hosur.

For petitioner

:

Mr.P.M.Jayachandran

For respondents :

Ms.V.Pavithra

for Ms.V.Srimathi

ORDER

This petition has been filed to set aside the fair and decretal order dated

09.06.2017 made in I.A.No.757 of 2015 in O.S.No.189 of 1996 on the file of the

District Munsif, Hosur.

2.

The learned counsel for the petitoners/defendants submitted that the suit

was filed for partion on 06.10.1995 vide O.S.No.189 of 1996 on the file of the

District Magistrate, Hosur. The petitioners/defendants filed a written statement on

1/6

https://www.mhc.tn.gov.in/judis

CRP No.3824 of 2019

16.08.1996 and this revision petition was filed by the defendants 11,14 and 15 in the

suit. Preliminary ex parte decree was passed by the District Munsif Court, Hosur on

19.02.2007.

3.

The learned counsel for the petitioners/defendants further submitted that

this civil revison petition has been filed challenging the order passed by the District

Munsif Court, Hosur in I.A.No.757 of 2015 which was filed to condone the delay of

3136 days to set aside the ex parte decree dated 19.02.2007.The reasons given for

the delay are stated in paragraph 5 of the affidavit in I.A.No.757 of 2015 which is

extracted below:

"5.

I submit that I got ill health during the year

2006 and suffering from giddiness often and not able to

follow up the matter pending before the Court. The

guidiness converted me as a sugar patient and at the inital

stage I stated treatment with the local doctors which pull

me into severe illness during the year 2009. They went to

Narayana Hirudayala Hospital for a prolonged illness and

I was under the frequent observation for the treatment and i

resided in my cousin brother Narayanasamy's house

situated in Odera Manchanahalli Village, Jigani Anekal

Taluk, banglore District. Due to which I cannot concentrate

about above suit pending before the Court."

Except the reasons stated in the affidavit filed in support of I.A.No of 757 of 2015,

no other valid reason is given by the revision petioner's for the inordinate delay of

three years in filing the petition to set aside the ex parte order.

4.

Per contra, the learned counsel for the respondents/plaintiff submitted

that the suit in O.S.No189 of 1996 was filed for partiton on 06.10.1995 on the file of

2/6

https://www.mhc.tn.gov.in/judis

CRP No.3824 of 2019

the District Munsif Court, Hosur and the revision petitioners who are the defendants

11,14 and 15 had filed a written statement on 16.08.1996. Subsequently, the

preliminary decree was also passed on 19.02.2007 and final decree was passed in the

year 2010. The revision petitioners were set ex parte in the preliminary decree

application. The petition in I.A.No.757 of 2017 to set the ex parte decree was filed

on 16.11.2015 after a delay of eight years.

5.

The learned counsel for the respondents would further submit that the

plaintiff at the time of filing the suit was 52 years and now she is around 84 years

and a senior citizen.

6.

Heard both sides and perused the materials available on record.

7.

In the case on hand, the summoness were already served on the

defendants 11,14 and 15 and after receipt of the same, they have filed a written

statement on 16.08.1996. Subsequently, the defendants D11,D14 and D15 who are

the revision petitioners were set ex parte and preliminary ex parte decree was passed

by the District Munsif on 19.02.2007 and thereafter, a final decree was passed