This Civil Revision Petition has been filed against the dismissal of I.A.No.639 of 2006 in O.S.No.949 of 2002 dated 8.12.2006 on the file of the Principal District Munsif, Madurai.
2. The case of the petitioners is that the respondent herein filed O.S.No.919 of 2002 on the file of the District Munsif of Madurai Town against the petitioners herein praying for permanent injunction and other consequential reliefs. The Court below found that though the petitioners were supported by a Counsel, they failed to file counter statement in time, which resulted in passing the order against them.
3. According to the learned counsel for the petitioners that the counsel engaged by them initially did not inform the order passed against them and the said fact came to light through the subsequent counsel. However, the Court below was of the view that the petitioners herein had not stated sufficient reasons to condone the delay to set aside ex parte decree passed against them. Further, the reasons stated in the petition filed by the petitioners have not been proved and eventually, dismissed I.A.No.639 of 2006 in O.S.No.949 of 2002 dated 8.12.2006 on the file of the Principal District Munsif, Madurai, which is under challenge before this Court.
4. It is the further contention of the petitioners that the respondent herein instead of filing a suit for specific performance had filed a suit for permanent injunction with other consequential reliefs and if that is the case, then to meet the ends of justice, the Court below ought to have condoned the delay as the primordial duty of the Court is to see that the ends of justice is done to the parties. Simply, because the petitioners have not appeared before the Court below, it ought not have passed the order which is impugned in the Civil Revision Petition, which creates serious prejudice to the parties concerned and therefore, he prays for appropriate orders.
5. When the matter was posted on 06.12.2016 there was no representation on behalf of the respondent. Even today, there is no representation on behalf of the respondent either in person or through his advocate.
6. This Court, prima facie, finds some force in the contention of the learned Counsel for the petitioners and therefore, this Court is of the view that the ends of justice would be met by setting aside the order impugned in this Civil Revision Petition by putting the petitioners on terms.
7. This Civil Revision Petition is allowed accordingly subject to the condition that the petitioners pay a sum of Rs.2,000/- (Rupees Two Thousand Only) to the respondent herein within a period of two weeks from the date of receipt of a copy of this order, failing which, this Civil Revision Petition shall stand dismissed automatically without any further reference to this Court. On receipt of the same, the Court below is directed to dispose of the suit in O.S.No.949 of 2002 on the file of the Principal District Munsif, Madurai, within a further period of four months from the date of receipt of payment to be produced by the petitioner. No costs.
To (1)The Principal District Munsif, Madurai.
(2)The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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