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CDJ 2025 MHC 6946
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| Court : High Court of Judicature at Madras |
| Case No : C.R.P.(PD). No. 3250 of 2023 & C.M.P. No. 20046 of 2023 |
| Judges: THE HONOURABLE MR. JUSTICE R. SAKTHIVEL |
| Parties : The Commissioner, Corporation of Chennai, Ripon Building, Chennai Versus L. Kalavathi & Others |
| Appearing Advocates : For the Petitioner: R. Ramanlaal, Additional Advocate General, K. Aswini Devi, Standing Counsel for Greater Chennai Corporation. For the Respondents: R2, R. Anitha, Special Government Pleader, R1, S. Kesavan, R3, S.T. Raja, Advocates, R4, No Such Person. |
| Date of Judgment : 03-12-2025 |
| Head Note :- |
| Constitution of India - Article 227 - |
| Summary :- |
Statutes / Acts / Rules Mentioned:
- Article 227 of the Constitution of India, 1950
- Order VII Rule 14(3) of the Code of Civil Procedure, 1908
Catch Words:
- Civil Revision
- Cost
- Extension of time
- Natural justice
Summary:
The 2nd Defendant, as Revision Petitioner, challenged the dismissal of I.A. No. 03 of 2022 dated 6 April 2023, which arose from his failure to comply with an order dated 4 March 2023 under Order VII Rule 14(3) CPC. The trial court had earlier allowed the petition for additional documents subject to payment of Rs. 5,000 and a further hearing on 14 March 2023. An extension was granted till 6 April 2023, but the petitioner remained absent and the petition was dismissed. Both parties appeared before the appellate court, and, invoking natural justice, the court permitted the revision petition on condition that the petitioner pays Rs. 7,500 to the plaintiff by 15 December 2025, failing which the petition will stand dismissed. The related Civil Miscellaneous Petition was closed and the matter listed for compliance reporting.
Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, 1950, praying to set aside the Docket Order dated April 06, 2023 in I.A.No.03 of 2022 in O.S.No.4621 of 2013 on the file of the Hon'ble VII Assistant Judge, City Civil Court at Chennai.)
1. The Revision Petitioner herein is the 2nd Defendant and the 1st Respondent herein is the Plaintiff in the Suit in O.S.No.4621 of 2013 on the file of 'the VII Assistant Judge, City Civil Court at Chennai' (hereinafter referred to as the 'Trial Court').
2. In the said Suit, the Plaintiff's side evidence was closed and the matter was posted for further evidence of the Defendant's side. At this juncture, the 2nd Defendant filed a petition under Order VII Rule 14(3) of the Code of Civil Procedure, 1908, seeking the Trial Court to receive additional documents.
3. The Trial Court after hearing both sides, allowed the said petition on March 04, 2023, subject to a payment of cost of Rs.5,000/- (Rupees Five Thousand only) to the Plaintiff on or before March 13, 2023 and further condition that the Petitioner therein shall examine further witnesses, if any, on the next hearing date itself i.e., March 14, 2023, failing which, the petition will be dismissed.
4. The Revision Petitioner filed a Memo on March 14, 2023 seeking an extension of time to comply with the Order dated March 04, 2023. The Trial Court extended the time till April 06, 2023 for due compliance. On April 06, 2023, the Revision Petitioner/2nd Defendant was called absent and the Order has not been complied with; consequently I.A.No.03 of 2022 was dismissed.
5. Feeling aggrieved by the Dismissal Order (Docket Order) dated April 06, 2023, the Revision Petitioner/2nd Defendant therein has preferred this Civil Revision Petition praying to set aside the Docket Order dated April 06, 2023 in I.A.No.03 of 2022 in O.S.No.4621 of 2013.
6. Mr.R.Ramanlaal, learned Additional Advocate General appearing for the Revision Petitioner submits that due to the fact that the Standing Counsel of the Revision Petitioner has not appeared before the Trial Court on that date and not paid the cost, the Trial Court passed an impugned Order. Now, the Revision Petitioner is ready to pay the cost. Accordingly, he prays to allow the Civil Revision Petition and to set aside the Docket Order passed by the Trial Court.
7. Mr.S.Kesavan, learned Counsel appearing for the 1st Respondent/Plaintiff submits that the Suit has been pending since 2013. Considering the age of the Suit, this Civil Revision Petition may be allowed on payment of cost. To that effect, he has also made an endorsement in the case file.
8. In view of the endorsement made by the learned Counsel for the 1st Respondent, with a view to adhere the principles of natural justice fully and to decide the matter on its merits, this Court is inclined to allow this Civil Revision Petition subject to payment of cost.
9. Resultantly, this Civil Revision Petition is allowed on condition that the Revision Petitioner shall pay a cost of Rs.7,500/- (Rupees Seven Thousand and Five Hundred Only) to the 1st Respondent on or before December 15, 2025, failing which, this Civil Revision Petition shall stand dismissed automatically without any reference to this Court. Consequently, connected Civil Miscellaneous Petition is closed.
10. List the matter on 16.12.2025 under the cause list caption “for Reporting Compliance”.
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