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Krishna Pillai Vs. Kumaresan - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(NPD)(MD)No. 2218 of 2016 & C.M.P(MD)No. 10295 of 2016
Judge
AppellantKrishna Pillai
RespondentKumaresan
Excerpt:
.....decretal order was received on 7.10.2016. thereafter, the revision petitioner filed the present civil revision petition on 24.10.2016 before this court. therefore the civil revision petition is filed within 30 days time. order 43 rule 1(d) of civil procedure code and order 9 rule 9 of c.p.c rejecting the application filed to set aside the exparte decree passed by the sub-court, padmanabhapuram is an appealable order. hence the civil revision petition is not maintainable. 3. in view of the same, the civil revision petition is dismissed with liberty to the petitioner to file an appeal along with stay application, if so advised, within a period of one week from today. in the event of such appeal and application being filed, the appellate court is directed to consider the same on merits.....
Judgment:

(Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code praying this Court to set aside the order passed in I.A.No.425 of 2016 in O.S.No.98 of 2007, dated 28.9.2016, on the file of the Subordinate Court, Padmanabhapuram.)

1. This revision has been filed seeking for a direction to set aside the order passed in I.A.No.425 of 2016 in O.S.No.98 of 2007, dated 28.9.2016, on the file of the Subordinate Court, Padmanabhapuram.

2. According to the Petitioner, the respondent herein filed a suit in O.S.No.98 of 2007 praying for realization of a sum of Rs.1,31,000/-from the Petitioner with future interest at the rate of 9% per annum on the principal sum of Rs.1,00,000/- from the date of plaint till the date of realization and for costs. The revision Petitioner herein failed to appear before the trial Court and hence he was set exparte and an exparte decree was passed on 22.12.2011.The Petitioner herein has filed an application on 2.1.2012 to set aside the exparte decree passed against him under Order 9 Rule 13 of Civil Procedure Code. The said application was dismissed on 28.9.2016.The certified copy of the fair and decretal order was received on 7.10.2016. Thereafter, the revision petitioner filed the present Civil Revision Petition on 24.10.2016 before this Court. Therefore the Civil Revision Petition is filed within 30 days time. Order 43 Rule 1(d) of Civil Procedure Code and Order 9 Rule 9 of C.P.C rejecting the application filed to set aside the exparte decree passed by the Sub-Court, Padmanabhapuram is an appealable order. Hence the Civil Revision Petition is not maintainable.

3. In view of the same, the Civil Revision Petition is dismissed with liberty to the Petitioner to file an appeal along with stay application, if so advised, within a period of one week from today. In the event of such appeal and application being filed, the appellate Court is directed to consider the same on merits and in accordance with law. Consequently, connected Miscellaneous Petition is dismissed. No costs.


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