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2026 Supreme(Online)(Mad) 35689

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. MALA, J
Pachaiyappa’s Trust Rep.by its Secretary Mr.C.Duraikannu – Appellant
Versus
R.M.Saravanan – Respondent
CMP.No.7062 of 2026|CRP.Nos.



Advocates:
For Petitioner in both CRP.Nos.: Mr.M.Devendran
For Respondents in both CRP.Nos.: Mr.K.Venkatesan

Court confirms conditional order setting aside ex-parte decree upon payment of rent arrears, dismissing revision petitions.

Headnote:First Paragraph: The Civil Revision Petitions challenge the conditional order allowing condonation of delay and setting aside an ex-parte decree under Section 115 of the Civil Procedure Code in a suit involving rent arrears. Essential facts include the lower court's allowance of applications subject to costs, with respondents agreeing to pay substantial rent arrears claimed in the counter. The court granted time for payment and, upon compliance, confirmed the lower court's order. Second Paragraph: The key issue framed was whether to set aside the conditional order allowing respondents to contest on merits upon payment of arrears. The court's reasoning emphasized providing a fair opportunity to contest, confirming the order upon verified payment of arrears, upholding procedural equity in delay condonation. Last Paragraph: Civil Revision Petitions dismissed; connected miscellaneous petitions closed.

Table of Content
1. challenges to conditional condonation and ex-parte set aside order (Para 1 , 2)
2. time granted and payment compliance verified (Para 3 , 4)
3. order confirmed; revisions dismissed upon arrears payment (Para 5)

COMMON ORDER

These Civil Revision Petitions are filed against the order in I.A.Nos.2 & 3 of 2025 in OS.No.5155 of 2024 dated 30.01.2026, on the file of the learned XIV Additional Judge, City Civil Court, Chennai, whereby the petitions to condone the delay in seeking to set aside the exparte decree and the petition to set aside the exparte decree were allowed on condition of payment of cost of Rs.2,000/-

each by the respondents.

2. When the cases were taken up for hearing on 17.03.2026, the learned counsel for the respondents submitted that the respondents are ready to pay the arrears of rent of Rs.5,82,500/- as claimed by the petitioner’s in their counter to the I.A.Nos.2 & 3 of 2025 in O.S.No.5155 of 2024 and that an opportunity may be given to the respondents to contest the case on merits.

3. This Court in order to give a fair opportunity to the respondents granted time to the respondents, till 15.04.2026, to pay the entire arrears of rent of Rs.5,82,500/- by observing that in case the respondents fail to pay the arrears on the aforesaid date, this Court will hear the Civil Revision Petitions on merits, and dispose it in accordance with law.

4. Today, the learned counsel for the respondents has filed a memo stating that the entire arrears of rent of Rs.5,82,500/- was paid by way of Demand Draft dated 25.03.2026 infavour of the Secretary of the petitioner’s Trust.

5. Since, both the respondents have paid the entire arrears, the receipt of which is not disputed by the petitioner’s counsel, this Court confirms the order passed in IA.Nos.2 & 3 of 2025 respectively. These Civil Revision Petitions are accordingly dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

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