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2026 Supreme(Online)(Mad) 14163

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
Selvaraj S/o. Athimoolam, Sangeetha D/o. Selvaraj – Appellant
Versus
Prem Anand S/o. Selvaraj, Dhandapani, N.R.Venkatesan – Respondent
Civil Revision Petition | 115 of Civil Procedure Code



Advocates:
For the Appellants/Petitioners: T.Sezhian
For the Respondents: M/s.S.P.Harikrishnan for R.3
R.1 – No appearance
R2- Died

A court may set aside earlier orders if causes for delays in payment are justified, ensuring respondents are compensated appropriately.

Headnote:The petition was filed under Section 115 of the Civil Procedure Code against the dismissal of an application for default in not paying costs as per direction. The petitioners contended that costs were wrongly paid. The delay in payment was only 3 days, and the court allowed the revision while ordering costs of Rs.3,000/- to be paid to compensate the respondents. The order passed in I.A.No.9 of 2025 was set aside, and the first appeal is to be decided on merits by 31.03.2026.

Table of Content
1. hearing of counsel for both sides. (Para 1 , 2)
2. court's observation on the delay and costs. (Para 3 , 4)
3. final order regarding the appeal decision. (Para 5)

For Petitioner(s): T.Sezhian For Respondent(s): M/s.S.P.Harikrishnan for R.3 R.1 – No appearance R2- Died ORDER Heard Mr.T.Sezhian, learned counsel for the petitioner and Mr.S.P.Harikrishnan, learned counsel for the third respondent.

2. The revision petition has been filed on account of dismissal of an application for default in not paying the costs.

3. According to the learned counsel for the petitioners, it is not a case where the costs was not paid, but it was wrongly paid and not in line with the directions issued by the trial Court.

4. In the light of the above, considering that the delay was only 3 days, I am inclined to allow the revision. However, the delay and prejudice caused to the respondents have to be suitably compensated. The petitioner is directed to pay total cost of Rs.3,000/-(Rupees Three Thousand Only) which , in fact, has been handed over to the learned counsel for the respondents in open court.

5. The revision petition is allowed and the order passed in I.A.No.9 of 2025 is set aside. The first appeal shall be decided on merits and in accordance with law, on or before 31.03.2026.

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