IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.06.2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI C.R.P.No.862 of 2023 & CMP.No.6451 of 2023 Leelavathi ... Petitioner Vs. 1.Duraisamy 2.Vijaya ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to revise and modify the order dated 02.01.2023 passed in I.A.No.84 of 2022 in O.S.No.290 of 2018 by the learned I Additional District and Sessions Judge, Tiruppur. For Petitioner : Mr.S.S.Swaminathan For Respondent : Ms.M.Adhishree for Mr.N.Manoharan ORDER This Civil Revision Petition is directed against the onerous condition imposed by the Trial Court for ordering the condonation of delay application. 1/6 https://www.mhc.tn.gov.in/judis 2.The 1st defendant has challenged the order passed by the Trial Court in I.A.No.84 of 2022. The petitioner/1st defendant has been set ex-parte for not filing the written statement, despite sufficient opportunities granted. The petitioner has therefore come up with I.A.No.84 of 2022 seeking condonation of delay in taking out the application to set aside the ex-parte decree which came to be passed pursuant to the defendant being set ex- parte. 3.I have heard Mr.S.S.Swaminathan, learned counsel for the petitioner and Ms.M.Adhishree, learned counsel for the respondents. 4.The learned counsel for the petitioner submits that despite the petitioner having given valid reasons for non appearance and not filing the written statement on the assigned date, the Trial Court has proceeded to impose an onerous condition by looking into the principal amount that has been claimed in the suit and has directed deposit of Rs.3,50,000/- into Court as a condition for allowing the condonation of delay application. He would further submit that this Court as well as the Apex Court have repeatedly and heavily come down on such orders imposing onerous conditions in 2/6 https://www.mhc.tn.gov.in/judis applications to condone delay. 5.Per contra, the learned counsel for the respondents would support the findings and reasons assigned by the Trial Court in imposing the cost of Rs.3,50,000/-. She would take me through the respective pleadings of the parties in this regard and seek for confirmation of the order passed by the Trial Court. 6.I have carefully considered the submissions advanced by the learned counsel on either side. 7.Admittedly, the petitioner is facing a money claim to the tune of Rs.71,28,333/- on a principal sum of Rs.35,00,000/-, together with interest. It appears that the parties are closely related as well and in any event, while exercising discretion to condone delay, the Trial Court ought not to have been swayed by the suit claim made by the respondent/plaintiff. The Hon'ble Apex Court as well as this Court have come down heavily on such orders imposing onerous conditions, basing the order on the claim made in the suit. 3/6 https://www.mhc.tn.gov.in/judis 8.In view of the above, I am inclined to set aside the onerous condition and modify the same by directing the petitioner/1st defendant to pay a sum of Rs.30,000/- to the respondents/plaintiffs, within a period of two weeks from the date of receipt of a copy of this order. If such payment is made within the said period of two weeks from the date of receipt of a copy of this order in the revision petition, the condonation of delay petition shall be allowed and the Court shall thereafter formally allow the setting aside application as well. The Trial Court shall thereafter frame issues within a period of ten days from the date of compliance of the order passed by this Court, namely payment of Rs.30,000/- to the respondents/plaintiffs and shall endeavour to complete the trial within a period of three months. 9.With these observations and directions, this Civil Revision Petition is disposed of. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed. 10.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No ata To 4/6 https://www.mhc.tn.gov.in/judis The I Additional District and Sessions Judge, Tiruppur. P.B. BALAJI,J. 5/6 https://www.mhc.tn.gov.in/judis ata C.R.P.No.862 of 2023 & CMP.No.6451 of 2023 10.06.2025 6/6 https://www.mhc.tn.gov.in/judis