CRP.No.147 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CRP.No.147 of 2022 and CMP.No.820 of 2022 1. R.Subbulakshmi 2. K.Manikandan ...Petitioners Vs. E.Jayanthi ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the Order passed in I.A.No.377 of 2019 in O.S.No.339 of 2018 by the learned Principal Sub Judge, Tiruppur. For petitioners : Mr.J.Franklin For Respondents : No Appearance ORDER The Revision Petitioners herein are the Defendants 3 and 4 in O.S.No.339 of 2018 on the file of the Principal Sub Judge, Tiruppur and the Respondent herein is the Plaintiff in the aforesaid suits. 1/5 https://www.mhc.tn.gov.in/judis CRP.No.147 of 2022 2. The Respondent filed a suit for partition and the case was posted on 04.04.2019 for filing written statements of the Defendants 3 and 4. The Defendants 3 and 4 failed to file written statement and hence, they were called absent and set exparte on 04.04.2019. 3. The petitioners/Defendants 3 and 4 filed a petition under Order IX Rule 7 of CPC, praying to set aside the exparte order dated 04.04.2019 in the above suit. The said application was allowed on 02.09.2021 on condition that the Revision Petitioners/ defendants 3 and 4 shall pay costs of Rs.1000/- on or before 15.09.2025. Since the Revision Petitioners/ Defendants 3 and 4 failed to pay the costs of Rs.1,000/-, the learned Sub Judge dismissed the application on 15.09.2021. 4. Being aggrieved, the Revision Petitioners filed this revision petition. Despite notice, the respondent did not choose to contest the petition. 2/5 https://www.mhc.tn.gov.in/judis CRP.No.147 of 2022 5. Mr.J.Franklin, the learned Counsel appearing for the Revision Petitioners/Defendants 3 and 4 submits that the order impugned was passed during Covid-19 Pandemic. In view of the Covid -19 Pandemic, the petitioners were not able to contact the counsel and pay the cost amount. He relied upon the Judgement of Hon'ble Apex Court in Suo Moto Writ Petition (CIVIL) No.3 of 2020 dated 10.01.2022. The relevant portion of the Judgement is extracted here under: “5(I) .... It is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings”. 6. This Court has perused the case by considering the facts and circumstances of the case. 7. In view of the fact that the impugned order was passed during Covid-19 Pandemic, with a view to give one more opportunity to the Revision Petitioners to contest the case, this Court is inclined to allow 3/5 https://www.mhc.tn.gov.in/judis CRP.No.147 of 2022 this revision petition, subject to deposit the costs of Rs.5,000/- as well as Rs.1000/- [as per Trial Court order (Totally Rs.6,000/-] before the Trial Court on or before 06.10.2025. Respondent Plaintiff is entitled to withdraw the said amount. 8. Post the matter on 10.10.2025 for reporting compliance. 17.09.2025 Index : Yes Neutral citation : Yes Speaking Order : Yes Vv To 1.The Principal Sub Judge, Tiruppur. 4/5 https://www.mhc.tn.gov.in/judis CRP.No.147 of 2022 R.SAKTHIVEL. J. Vv CRP.No.147 of 2022 17.09.2025 5/5 https://www.mhc.tn.gov.in/judis CRP.No.147 of 2022 6/5 https://www.mhc.tn.gov.in/judis