Krishnan vs Siva
- Court
- Madras High Court
CRP.No.5166 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.5166 of 2026
& CMP.No.22520 of 2026
CNR:{HCMA011563062026}
1. Krishnan
S/o. (Late) Chinnasamy,
D.No.195 Thatchanurmedu,
Vadakarai Village,
Thenkaraikottia Post,
Pappireddipatty Taluk,
Dharmapuri District.
2. Ravi
S/o. (Late) Chinnasamy,
D.No.195 Thatchanurmedu,
Vadakarai Village,
Thenkaraikottia Post,
Pappireddipatty Taluk,
Dharmapuri District.
...Petitioners
Vs
Siva
S/o. Sundararajan,
D.No.5/22A, Periyagollpatti,
Gofirmedu, Kannangurichi
Post, Salem Taluk & District.
...Respondent
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CRP.No.5166 of 2026
PETITION under Article 227 of The Constitution of India
against the fair and decretal order dated 02.4.2026 made in I.A.No.
4 of 2026 in O.S.No.303 of 2024 on the file of the Additional District
Court, Dharmapuri.
For Petitioners: Mr.C.Munusamy
For Respondent: Mrs.AL.Gandhimathi for
Mr.A.Saravanan
ORDER
This civil revision petition has been filed under Article 227 of
The Constitution of India against the order dated 02.4.2026 made in
I.A.No.4 of 2026 in O.S.No.303 of 2024 on the file of the Additional
District Court, Dharmapuri (for short, the Court below) wherein the
application filed by the respondent/D1 under Order IX Rule 7 of the
Civil Procedure Code (CPC) seeking to set aside the ex parte order
came to be allowed on payment of costs of Rs.1,000/- to the
petitioners/plaintiffs.
2. Heard the learned counsel for the petitioners and the
learned counsel appearing on behalf of the respondent/D1.
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CRP.No.5166 of 2026
3. This Court has carefully considered the submissions of the
learned counsel on either side and perused the materials available
on record and more particularly the impugned order.
4. The petitioners, who are the plaintiffs, filed the said suit
seeking for the relief of declaration of title, for permanent injunction
and for other consequential reliefs. In the said suit, the respondent/
D1 filed a written statement. However, subsequent to that, he did
not appear before the Court below and therefore, the Court below
proceeded to record the ex parte evidence on 24.4.2025. Hence, the
respondent/D1 filed the said application seeking to set aside the ex
parte order and it came to be allowed by the Court below by the
impugned order. Aggrieved by that, the above revision has been
filed before this Court.
5. The main ground that was urged on the side of the
petitioners/plaintiffs is that the respondent/D1, after filing the
written statement, intentionally did not contest the said suit, that he
was a fence sitter, who was watching the proceedings in the said
suit and that ultimately, when the said suit was at the stage of
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CRP.No.5166 of 2026
passing final judgment, earlier, an application in I.A.No.3 of 2025
was filed by the third defendant seeking to set aside the ex parte
order and that it came to be dismissed by the Court below on
03.2.2026 on the ground that such an application was not
maintainable when the suit was at the stage of pronouncement of
the judgment whereas when a similar application was filed by the
respondent/D1, the Court below, disregarding its earlier order,
allowed the present application filed by the respondent/D1.
Therefore, it is contended on the side of the petitioners that the
impugned order passed by the Court below is, on the face of it,
illegal.
6. In order to substantiate his submissions, the learned
counsel for the petitioners relied upon the judgment of the Hon’ble
Apex Court in Arjun Singh Vs. Mohindra Kumar [reported in
AIR 1964 SC 993].
7. In the case in hand, it is not in dispute that the written
statement has been filed by the respondent/D1. Thereafter, for the
reasons best known to him, he did not contest the case and
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CRP.No.5166 of 2026
therefore, the ex parte evidence was recorded and the suit is at the
stage of pronouncing the final judgment. If, ultimately, an ex parte
decree is passed, once again, the respondent/D1 will file an
application to set aside the ex parte decree under Order IX Rule 13
of the CPC. Normally, when such an application is filed, the Courts
entertain the same. Therefore, no useful purpose will be served in
dismissing the present application under Order IX Rule 7 of the CPC.
Further, instead of wasting time, the impugned order passed by the
Court below can be sustained by putting the respondent/D1 on
terms and also fixing a time frame for the disposal of the main suit.
8. In the light of the above discussions, the above civil
revision petition is disposed of and the impugned order dated
02.4.2026 made in I.A.No.4 of 2026 in O.S.No.303 of 2024 on the
file of the Additional District Court, Dharmapuri is sustained subject
to a condition that the respondent/D1 shall pay costs of Rs.7,500/-
(Rupees seven thousand and five hundred only) to the petitioners/
plaintiffs/their counsel within a period of one week from the date of
receipt of a copy of this order. If this condition is complied with, the
impugned order passed by the Court below will be sustained. If the
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CRP.No.5166 of 2026
said condition is not complied with, the ex parte order passed
against the respondent/D1 will be confirmed. On compliance of the
said condition, the Court below shall proceed to deal with the said
suit on merits and dispose it of within a period of four months
therefrom. No costs. Consequently, the connected CMP is closed.
02-11-2026
To
The Additional District Court,
Dharmapuri.
RS
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CRP.No.5166 of 2026
N.ANAND VENKATESH,J
RS
CRP.No.5166 of 2026&
CMP.No.22520 of 2026
02-11-2026
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