Muthusamy vs Selvi - 2026 Supreme(Online)(Mad) 26917

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2026 Supreme(Online)(Mad) 26917

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
Muthusamy – Appellant
Versus
Selvi – Respondent

Advocates:
For the Appellants/Petitioners: Mr.N.Ponraj
For the Respondents: No appearance (For R1 & R2)

Table of Content
1. challenging dismissal of delayed order ix rule 7 application. (Para 1 , 2 , 3)
2. suit ongoing despite delay; no good cause shown. (Para 4 , 9)
3. no limitation for order ix rule 7; precedents affirm participation rights. (Para 5 , 6 , 10 , 11 , 12 , 13)
4. permit contesting future proceedings; deny written statement. (Para 7 , 14 , 15)

ORDER

The present Civil Revision Petition has been filed to set aside the fair and decreetal order dated 14.12.2021 made in I.A.No.1296 of 2021 in O.S.No.208 of 2010 on the file of Hon’ble District Munsif, Dharapuram.

2. Heard Mr.N.Ponraj, learned counsel for the petitioners.

3. The present revision has been filed, challenging the order passed under Order IX Rule 7 of C.P.C., rejecting the same by holding that the same is barred by law of limitation. The application to set aside the ex parte order came to be made on 28.10.2021 by applying Article 137 of the Limitation Act . The same was dismissed as being barred by law of limitation. An application under Order IX Rule 7 would be taken out by the person against whom an ex parte order is passed before the next date of hearing.

4. In the present case, even though the said application has

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2026 Supreme(Online)(Mad) 26917

IN THE HIGH COURT OF JUDICATURE AT MADRASK.KUMARESH BABU, JMuthusamy – AppellantVersusSelvi – Respondent

Cases Referred (1)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
Muthusamy – Appellant
Versus
Selvi – Respondent