Dr.Jay Joe Annaji v. Thangam

ORDER This Civil Revision Petition arises out of an order passed by the learned IV Additional District Munsif Court, Salem, dismissing I.A.No. 1 of 2022 in O.S.No. 318 of 2014.

¶2I.A.No. 01 of 2022 was taken out by the plaintiffs for condonation of delay of 220 days in filing the application to set aside the dismissal of the suit for default.

¶3It is the contention of the learned counsel for the revision petitioners Mr.R.Asokan that out of 23 plaintiffs, 8 are Doctor and they were allotted Covid duties and the suit also came to be dismissed during that period, which has been exempted by the Hon'ble Supreme Court in (2022) 3 SCC 117 [ Cognizance for extension of Limitation in RE]. Hence, the learned counsel states that the suit being for declaration and the plaintiffs should be given an opportunity to prosecute the suit. He further states that the trial Court has erroneously found that only one of the plaintiffs had sworn to the affidavit as against 23 plaintiffs and on that ground also, the application has been dismissed.

¶4Per contra, Mrs.P.Veena, learned counsel for the respondent states that there is no proper explanation or sufficient cause shown by the petitioners seeking condonation of delay as rightly held by the trial Court. She further states that there is no reason in the order passed by the learned Additional District Munsif Court for dismissing th application for condonation of delay. She also states that the defendants have taken out a counter claim and the same is yet to be taken on file.

¶5I have carefully considered the arguments advanced on both sides.

¶6The suit has been filed for declaration and at the stage of trial, the suit came to be dismissed. On the date of dismissal of the suit on

17.11.2021, the exemption in lieu of Covid lock down was in force as held by the Hon'ble Supreme Court. If the period reckoned by the Hon'ble Supreme Court is also factored, then as contended by Mr.R.Asokan, the delay would be only 40 days. The suit has been filed for the relief of declaration and therefore, the plaintiffs should not be non suited on the ground of delay.

¶7In the light of the above, this Civil Revision Petition stands allowed and the order in I.A.No. 1 of 2022 dated 07.01.2023 is set aside and the application to restore the suit is also suo moto ordered. Consequently, O.S.No. 318 of 2014 on the file of IV Additional District Munsif Court, Salem, shall be taken up for trial and the learned IV Additional District Munsif Court shall expedite the trial in the said suit and dispose of the suit on or before 31.01.2026.

P.B. BALAJI, J. vsg

¶8The Trial Court shall also entertain the counter claim and also permit the plaintiffs to file reply statement to the same within a period of four weeks from the date of counter claim being taken on record. 12-09-2025 vsg To IV Additional District Munsif Court, Salem. CRP (NPD) NO. 2251 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-09-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI CRP (NPD) NO. 2251 of 2023 1. Dr.Jay Joe Annaji S/o. Joe Annaji Flat No.B-1, First Floor 2. Mrs.Sowmya SV W/o. Jay Hoe Annaji Flat No.B-1, First Floor 3. Mrs.S.Mekala W/o. Suresh Kannan Flat No.E-1, First Floor Door No. 95/9, Gandhi Road, 4. Dr.S.Ramesh Kumar S/o. A.Sampath Kumar Flat No.A-2, Second Floor, 5. Dr.R.Vidhya Rani W/o. Dr.Ramesh Kumar Flat No.A-2, Second Floor, 6. Mr.A.Sampath Kumar S/o. Angamuthu Flat No.B-2, Second Floor, 7. Mrs. S.Kirupalakshmi W/o. A.Sampath Kumar Flat No.B-2, Second Floor, 8. Mr.S.Jayakumar Rep. by power of Attorney Mr.V.Ramakrishnan S/o. A.S. Venkatram Flat No.E-2, Second Floor, 9. Dr.N.Kannan S/o. E.Venkatesan Flat No.A-3, Third Floor, 10. Dr.G.B.Hemalatha W/o. Dr.N.Kannan Flat No.A-3, Third Floor, 11. Dr.Thajudeen S/o. Mr.Abdur Rahim Flat No.B-3, Third Floor, 12. Mr.Nizar Ahamed S/o. Dr.Thajudeen Flat No.B-3, Third Floor, 13. Dr.M.K.Selvakalanjiyam S/o.Kunjappillai Flat No.C-3, Third Floor, 14. Dr.Nagaraj S/o. A.Ramasamy Flat No.D-3, Third Floor, 15. Mrs.V.S.Jayanthi Prakash W/o. V.S.Shanthi Prakash Flat No.A-4, Fourth Floor, 16. Mr.V.S.Shanthi Prakash S/o. Surianarayanan Flat No.B-4, Fourth Floor, 17. Mr.v.Mukeshlal S/o. Mr.K.Vasudev Flat No.D-4, Fourth Floor, 18. Mrs.M.Rama W/o. Mukeshlal Flat No.D-4, Fourth Floor, 19. Mr.P.Ganesan S/o. M.Palani Flat No.E-4, Fourth Floor, 20. Mrs.G.Vimala W/o.Mr.P.Ganesan Flat No.E-4, Fourth Floor, 21. Mr.V.S.Vetrivel S/o. Singaravel Flat No.E-3, Third Floor, 22. Mr.V.Tamil Selvi W/o. Vetrivel Flat No.E-3, Third Floor, 23. Mr.C.Ramesh S/o. Chinnasamy Flat No.C-1, Third Floor, Petitioners/Plaintiffs/Petitioners Vs 1. Mrs. Thangam W/o. K.Sengodan 2. Mr.K.Sengodan S/o. Karuppa Goundar Both residing at Flat No. A-1 First Floor Respondents/Defendants/Respondents PRAYER: Civil Revision Petition filed under Section 115 of CPC to set aside the order dated 07.01.2023 made in I.A.No. 1 of 2022 in O.S.No. 318 of 2014 on the file of IV Additional District Munsif Court, Salem. *** For Petitioner(s): Mr. R.Asokan For Respondent(s): Mrs.P.Veena