IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE N. SENTHILKUMAR
Vanitha – Appellant
Versus
S.Pandian – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.01.2026 CORAM THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR C.R.P(MD). No.113 of 2026 and C.M.P(MD) No.537 of 2026 Vanitha ... Petitioner Vs S.Pandian ... Respondent PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the impugned order in I.A.No.2 of 2025 in O.S.No.15 of 2019 on the file of the learned District and Sessions Court, Theni, dated 18.11.2025 and set aside the same by allowing the above Civil Revision Petition.
For Petitioner : Mr.R.Shankar Ganesh
ORDER
This Civil Revision Petition has been filed challenging the order dated 18.11.2025 passed in I.A.No.2 of 2025 in O.S.No.15 of 2019 on the file of the learned District and Sessions Court, Theni.
2. The revision petitioner filed an application to condone a delay of
1064 days in filing a petition to set aside the exparte decree passed in O.S.No.15 of 2019. The said application was dismissed by the trial Court on the ground that the petitioner had failed to establish sufficient cause for condoning the delay and that the application was filed only to protract the proceedings. Challenging the said order, the present Civil Revision Petition has been filed.
3. The contention of the revision petitioner before the trial Court was that the exparte order was passed on 06.04.2022 and that an application filed on 28.04.2022 to set aside the exparte order was returned. Thereafter, according to the petitioner, he had gone out of station for the purpose of earning his livelihood and was also suffering from health issues during the said period. It was further contended that he could not contact his counsel and therefore, was unable to take further steps, resulting in a delay of 1064 days in filing the petition.
4. The suit itself was disposed of in the year 2022. The reasons assigned by the petitioner for the delay of 1064 days are not supported by any satisfactory material. No sufficient or convincing explanation has been offered to account for the prolonged delay.
5. This Court does not find any infirmity or illegality in the order passed by the trial Court. Hence, this Civil Revision Petition is dismissed for want of merits. Consequently, the connected Miscellaneous Petition is closed. No costs.
Speaking : Yes / No 22.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
N.SENTHILKUMAR, J.
Indu
22.01.2026
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