G. VACHALA vs STATE BANK OF INDIA
- Court
- Madras High Court
C.R.P.No.4262 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders Reserved on : 06.10.2026
Orders pronounced on : 27.10.2026
Coram:
THE HONOURABLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
C.R.P.No.4262 of 2023
and
C.M.P.No.25957 of 2023
----
1. G.Vachala
2. A.Govindaraj .. Petitioners
Vs.
State Bank of India,
Rep. By its Branch Manager,
Vaniyambadi Branch. .. Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India, against
the judgment and decree dated 10.02.2023 made in C.M.A.No.1 of 2020 on the file
of the III Additional District Court, Vellore at Tirupathur against the order and
decretal order dated 11.03.2021 made in I.A.No.107 of 2019 in O.S.No.138 of
2018 on the file of the Subordinate Court, Vaniyambadi.
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C.R.P.No.4262 of 2023
For petitioners : Mr.R.Ramesh
For respondents : Mr.S.Rajesh
ORDER
This Civil Revision Petition is filed against the judgment and decree dated
10.02.2023 made in C.M.A.No.1 of 2020 on the file of the III Additional District
Court, Vellore at Tirupathur, against the order and decretal order dated 11.03.2021
made in I.A.No.107 of 2019 in O.S.No.138 of 2018 on the file of the Subordinate
Court, Vaniyambadi.
2. The revision petitioners herein, are the defendants in the suit in
O.S.No.138 of 2018 and the appellants in C.M.A.No.1 of 2020.
3. The respondent-State Bank of India filed the said suit against the revision
petitioners herein, for recovery of money and to direct the defendants to pay the
suit amount of Rs.3,12,404/- to the plaintiff, with future interest from the date of
realisation and for preliminary decree to create charge over the suit properties.
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C.R.P.No.4262 of 2023
4. The facts of the Civil Revision Petition, are that the revision
petitioners/defendants received the suit summons and entered appearance through
an Advocate. When the said suit was posted for filing written statement, the first
revision petitioner/first defendant had suffered from severe stomach pain and
diarrhea from 31.12.2018 and they could not collect the receipts from the Bank for
the payment made to the Bank by the revision petitioners towards the loan amount.
Hence, the defendants could not file the written statement. The defendants were set
ex-parte on 03.01.2019 and on ex-parte preliminary decree was also passed on
05.01.2022. Hence, the revision petitioners/defendants immediately filed a petition
under Order 9 Rule 7 CPC in I.A.No.107 of 2019 in O.S.No.138 of 2018 to set
aside the order and decretal order passed by the Sub-Court, Vaniyambadi. The trial
Court allowed the said I.A. with a condition to deposit 25% of the decretal amount,
within one month. Since the revision petitioners could not deposit the amount as
directed by the trial Court, I.A.No.107 of 2019 in O.S.No.138 of 2018, on the file
of the Sub-Court, Vaniyambadi, was dismissed on 11.03.2021. As against the said
order dated 11.03.2021, the Civil Revision Petitioners/defendants filed an appeal in
C.M.A.No.1 of 2020 on the file of the III Additional District Judge, Vellore at
Thirupattur, against the order and decretal order of the Subordinate Judge,
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C.R.P.No.4262 of 2023
Vaniyambadi, dated 11.04.2019 passed in I.A.No.107 of 2019 in O.S.No.138 of
2018. The said appeal was partly allowed on 10.02.2023 and the order and decretal
order passed in I.A.No.107 of 2019 in O.S.No.138 of 2018, dated 11.04.2019 on
the file of the Principal Subordinate Judge, Vaniyambadi, was modified to the
effect with a direction to deposit 15% of the decretal amount, before 10.03.2023,
and only then, the petition in I.A.No.107 of 2019 will stand allowed. As against the
same, the revision petitioners/defendants have filed the present CRP on the ground
that the trial Court and the appellate Court, without considering the merits of the
defence raised by the revision petitioners, imposed a condition to deposit 25% and
15%, respectively, to allow the said ex-parte decree.
5. The respondent-SBI filed counter affidavit before this Court, denying the
averments of the revision petitioners/defendants.
6. Heard both sides and perused the materials available on record.
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C.R.P.No.4262 of 2023
7. The Courts are empowered to direct the petitioner to deposit a part of the
decretal amount as a condition for setting aside such a decree. But, the condition so
imposed should be reasonable and the Court should not impose a harsh condition.
8. The trial Court, considering the nature of the suit, the factum of
hypothecation of the properties by the revision petitioners and that there was no
denial of obtaining loan, imposed a condition to deposit the amount of 25% of the
decretal amount.
9. In the appeal, the appellate Court held that the conditional order to deposit
25% of the decree amount, is excessive and thereby, it was reduced to 15% and
time was also granted to deposit the same, considering the reason afforded by the
revision petitioners for their absence. The conditional order to deposit 15% of the
decree amount is a reasonable one and not a harsh one.
10. This Court does not find any reason to interfere with the impugned
discretionary order passed by the first appellate Court.
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C.R.P.No.4262 of 2023
11. In view of the foregoing reasons, this Civil Revision Petition is
dismissed. The impugned judgment and decree dated 10.02.2023 passed by the III
Additional District Court, Vellore at Thirupattur, in C.M.A.No.1 of 2020, are
confirmed. The revision petitioners/defendants are granted time to deposit 15% of
the decretal amount on or before 26.11.2026, failing which, I.A.No.107 of 2019 in
O.S.No.138 of 2018 on the file of the Sub-Court, Vaniyambadi, will stand
automatically dismissed, without any further reference to Court. There shall be no
order as to costs in this Civil Revision Petition. Consequently, the miscellaneous
petition is closed.
27.10.2026
Index: Yes/no
Speaking Order: Yes/no
Neutral Case Citation:Yes/no
cs
To
1. III Additional District Judge, Vellore at Thirupattur.
2. The Subordinate Judge, Vaniyambadi, Vellore District.
3. The Record Keeper, V.R.Section, High Court, Madras.
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C.R.P.No.4262 of 2023
R.RAJESH VIVEKANANTHAN, J
cs
Pre-delivery Order in
C.R.P.No.4262 of 2023
Order pronounced
on 27.10.2026
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