CRP/2644/2026 of Chinnasamy Vs Kalavathy

CRP No. 2644 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2644 of 2026 and CMP No.11262 of 2026 1. Chinnasamy S/o Chellamuthu, 124, Chettipalayam, Nelali Village, Kangayam Taluk, Tiruppur District Petitioner(s) Vs 1. Kalavathy W/o Selvakumar, 340/1 Ram Nagar, K.Chettipalayam, Kaspa Tirupur Town, Tiruppur District Respondent(s) Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.3 of 2025 in O.S.No.16 of 2024 on the file of Sub Court, Kangayam, Tiruppur District dated 26.02.2026. For Petitioner(s): V.Regunathan ORDER Challenging the order passed in I.A.No.3 of 2025 in O.S.No.16 of 2024, the second defendant has preferred the above revision. 1/4 https://www.mhc.tn.gov.in/judis CRP No. 2644 of 2026 2. Before the trial court, the second defendant has filed an applic ation in I.A.No.3 of 2025 seeking to condone the delay of 196 days in filing the peti tion to set aside the exparte decree and the same was dismissed by the trial court. Aggrieved by the same, the second defendant has filed the present revision. 3. Learned counsel for the revision petitioner submits that the respondent/plaintiff filed a suit for partition and the case was pos ted on 01.03.2024. but due to illness he could not appear and give instructions to the counsel. Therefore, he was set exparte. The other two defendants are sailing with the plai ntiff and based on that, preliminary decree was passed and now, the plaintiff is taking ste ps to execute the final decree proceedings in I.A.No.2 of 2025 and only thereafter, the revision petitioner came to know about the exparte decree and therefore has come forward with the application to set aside the exparte decree, but there is a delay of 196 days. Hence, he filed an application to condone the delay. But the Court dismissed the said applica tion holding that the reason for the delay has not been properly explained and t here is no medical proof for the illness . Aggrieved by the same, the present revision has been filed. 4. Considering the fact that the petitioner and the respondent are brothe r and sister and the respondent/plaintiff filed a suit for partition, in which, the revision 2/4 https://www.mhc.tn.gov.in/judis CRP No. 2644 of 2026 petitioner is shown as second defendant and the other defendants are sail ing with the plaintiff and they have not contested the case and due to lack of com munication, the revision petitioner could not appear before this Court, but he is ready to contest the case. Having come to know about the exparte order, the revision petitioner filed an application to set aside the exparte order, however, there is a delay of 196 da ys. The revision petitioner states that he was suffering from jaundice which require s contemporaneous treatment and for that valuable medical proof is not required for Ayurvedic treatment. 5. In a case of partition, all the parties are to be given fai r opportunity, but the trial court has not given such opportunity, but erroneously dismissed the appli cation. The other defendants are sailing with the plaintiff. If opportunity has not been given to the party, who is contesting the case, it would lead to multiplicity of proceedings. 6. In the light of the above, the order passed in I.A No.3 of 2025 is set aside and I.A.No.3 of 2025 is allowed and the delay is condoned. Written sta tement has already been filed. The trial court is directed to frame i ssues by giving opportunity to both the parties and dispose of the suit in O.S.No.16 of 2024 on merits a nd in accordance with law within a period of four months from the date of receipt of a copy of this order. 3/4 https://www.mhc.tn.gov.in/judis CRP No. 2644 of 2026 T.V.THAMILSELVI.,J sr With the above direction, the civil revision petition is allowed. N o costs. Consequently, connected miscellaneous petition is closed. 29.04.2026 sr Index:yes.no Website:yes/no Speaking Order/Non-speaking Order To The Subordinate Court, Kangayam, Tiruppur District CRP No. 2644 of 2026 4/4 https://www.mhc.tn.gov.in/judis