SELVARAJ vs S V SIVANANDAM - 2024-02-07

O R D E R

Leave granted.

The appellant was defendant in O.S. No.214/1998. The sole respondent was plaintiff. The suit was filed for declaration and possession which was decreed on 31.07.2000 in favour of the plaintiff and on 25.01.2021 an execution petition was moved in which it was clear evidence that the defendant has also participated. The decree in favour of the plaintiff on 31.07.2000 was an ex-parte decree. The defendant then moved an application for setting aside an ex-parte decree after a delay of 2952 days i.e. more than 8 years.

This delay is condoned by the Trial Court on the reasoning which is given in para 5 of the order which reads as under:

“5. As a normal rule delay should be condoned and it is the duty of the court to see to it that justice should be done between the parties. In the legal arena an attempt should always be made to allow the matter to be contested on merits – as is laid down in (2010) 8 SCC 786.”

Thereafter a revision was filed by the plaintiff which was allowed by the order of the High Court setting aside the order of condoning the delay passed by the Trial Court.

Heard learned counsel for the parties.

There is an inordinate delay of more than 8 years at the hands of the defendant in moving an application for setting aside an ex-parte decree. The only reason assigned by him is that he was under the misconception that the decree was regarding a different plot and not his plot. This explanation however is not a plausible explanation in view of the fact that the defendant/appellant was always participating in the execution proceedings. Such an inordinate delay that too without any plausible explanation was not liable to be condoned by the Trial Court. It has rightly been set aside by the Division Bench of the High Court as well.

We do not see any scope in interfering the order passed by the High Court.

The Appeal is accordingly dismissed.

Pending application(s), if any, shall stand disposed of.

……………………………………………………………………….J.

[SUDHANSHU DHULIA]

……………………………………………………………………….J. [PRASANNA BHALACHANDRA VARALE]

NEW DELHI;

FEBRUARY 7, 2024 ITEM NO.21 COURT NO.16 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SELVARAJ Petitioner(s)

VERSUS S V SIVANANDAM Respondent(s)

(IA No. 44874/2019 - EXEMPTION FROM FILING O.T.

IA No. 32022/2019 - EXEMPTION FROM FILING O.T.

IA No. 44872/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/

FACTS/ANNEXURES)

Date : 07-02-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Appellant(s) Mr. B. Karunakaran, Adv.

Mr. Ajith Williyam S., Adv.

Mr. V.M. Eashwar, Adv.

Mr. S. Gowthaman, AOR For Respondent(s) Mr. S.Ramesh, Adv.

Mr. R. Venkatraman, Adv.

Mr. Kumar Dushyant Singh, AOR Ms. Subasri Jaganathan, Adv.

Mr. Abhinav Jain, Adv.

Mr. Maria Jerome J, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is dismissed in terms of the signed order which is placed on the file.

Pending application(s), if any, shall stand disposed of.

(KAVITA PAHUJA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)