CRP No.515 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :02.07.2025 CORAM: THE HON'BLE MR. JUSTICE P.B. BALAJI C.R.P.No.515 of 2025 and CMP No.2913 of 2025 P.Munusami ... Petitioner vs K.Santhan @ Sangameswaran .. Respondent Revision filed under Article 227 of the Constitution of India against the fair and decreetal order dated 05.11.2024 passed in I.A.No.3 of 2024 in O.S.No.8 of 2019 on the file of II Additional Subordinate Court, Salem. For Petitioner : MrL.Mouli For Respondent : Mr.Nagendra Prasath ORDER The revision is at the instance of the defendant, whose application for condonation of delay in representing a Section 45 application under the Indian Evidence Act was dismissed. 2. I have noticed that the affidavit has been sworn to by a junior counsel 1/4 https://www.mhc.tn.gov.in/judis CRP No.515 of 2025 appearing for the petitioner/defendant before the trial Court. The trial Court has proceeded to dismiss the application without even rendering a finding excepting for stating that the respondent/plaintiff has objected to the condonation of delay on the ground that the petitioner/defendant is only trying to drag the proceedings. 3. The delay in representation is normally a matter between the court and the petitioner/defendant. Unfortunately, the trial court has invited the objections from the respondent/plaintiff which only caused further delay in the matter. Further, by dismissing the application, the petitioner/defendant has been driven to challenge the same before this Court and this revision is pending for the past 9 months. 4. However, considering the delay and prejudice caused to the respondent/plaintiff, the civil revision petition is allowed, subject to payment of cost of Rs.3,000/- to the respondent/plaintiff before the trial Court, within a period of two weeks from the date of receipt of a copy of this order. 5. In the event of the cost being paid within the stipulated time, the trial Court shall take up the application filed under Section 45 of the Indian 2/4 https://www.mhc.tn.gov.in/judis CRP No.515 of 2025 Evidence Act, and dispose of the same on merits and in accordance with law within a period of thirty days thereafter. There shall be no order as to costs in this revision. Consequently, connected miscellaneous petition is closed. 02.07.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To The II Additional Subordinate Court, Salem. 3/4 https://www.mhc.tn.gov.in/judis CRP No.515 of 2025 P.B.BALAJI.,J. sr CRP No.515 of 2025 02.07.2025 4/4 https://www.mhc.tn.gov.in/judis