IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.11.2025 CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CMP.No.28393 of 2025

1. R.Rathinam

2. R.Senthil

3. R.Mohan Raj ... Petitioners Vs.

P.Sendrayan ...Respondent PRAYER :Civil Revision Petition filed Article 227 of Constitution of India, praying to set aside the Fair and Final Order dated 18.9.2025 passed in IA.NO.5/2024 in OS.No.719/2017 on the file of the II Additional District Munsif Court at Salem.

For Petitioners : M/s.D.Jeevitha for Mr.R.Nalliyappan

ORDER

The civil revision petition is filed challenging the order passed by the Trial Court allowing the application filed by the respondent/plaintiff seeking restoration of the suit.

2. The respondent herein filed a suit for declaration and injunction. The suit was posted for cross-examination of P.W.1 on 04.06.2024 on that date, there was no representation for the respondent and hence, the same was dismissed for default. Therefore, the respondent filed interlocutory application seeking restoration of the suit on 25.06.2024 well within 30 days. In the affidavit filed in support of the restoration petition, it was stated by the respondent that on that particular date, he was suffering fr