A.No.4195 of 2025 in C.S.No.60 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 06.10.2025 Coram: THE HONOURABLE MR.JUSTICE P.DHANABAL Application No.4195 of 2025 in C.S.No.60 of 2021 -- Surendar @ Naathigan .. Applicant Vs. Seva Bharathi, Tamil Nadu "SEVA", Second Floor, No.79, Alagappa Chettiyar Road, Purasaiwakkam, Chennai-600 084, Rep. by its Trustee Rabu Manohar .. Respondent Application filed and Judge's summons issued under Order XIV Rule 8 of the Original Side Rules of this Court read with Order IX Rule 13 of the Code of Civil Procedure, praying to set aside the ex-parte decree, dated 06.03.2024 passed in C.S.No.60 of 2021 and permit the petitioner to take part in the proceedings. For applicant : Mr.R.Thirumoorthy For respondent: Mr.A.Venkatesh Kumar for M/s.Gupta and Ravi Page No. 1 / 5 https://www.mhc.tn.gov.in/judis A.No.4195 of 2025 in C.S.No.60 of 2021 ORDER This application is filed to set aside the ex-parte decree, dated 06.03.2024 passed in C.S.No.60 of 2021 and permit the applicant/defendant to take part in the proceedings. 2. According to the applicant/defendant, he is the sole defendant in the main suit and the respondent/plaintiff filed the suit for damages against the applicant/defendant. He has been falsely implicated in the criminal case and he has been detained in the Central Prison, Puzhal. No notice was served on him. After newspaper publication, the defendant was set ex-parte. Thereafter only, he came to know about the ex-parte decree passed against him on 06.03.2024. Therefore, he has filed this application to set aside the ex-part decree. 3. According to the respondent/plaintiff, he filed the suit as against the applicant/defendant for damages and to grant permanent injunction restraining the defendant from posting any message, picture or graphical representation of any nature that are defamatory, derogatory or in the nature of threat against the plaintiff and also for mandatory injunction directing the defendant to issue a public apology in any national newspaper for the defamatory and derogatory posts against the plaintiff and for costs of the suit. 3.1. This Court issued summons which were not served on the applicant/defendant. The respondent/plaintiff has taken notice several times, but Page No. 2 / 5 https://www.mhc.tn.gov.in/judis A.No.4195 of 2025 in C.S.No.60 of 2021 he did not appear and the postal cover returned as "left". Therefore, this Court passed an order for substituted service of notice on the defendant and thereafter, the newspaper publication was effected on 27.09.2025. The applicant/defendant was set ex-parte. Already, the main suit was dismissed for default and thereafter, at the time of restoring the suit, notice was served on the defendant and once again, in the main suit, summons were ordered and the same was also returned and once again, the publication was effected and thereafter, this Court passed ex-parte decree against the defendant. Thereafter, the respondent/plaintiff was examined as P.W.1 and documents were marked as Exs.P-1 to P-9. This Court passed an ex-parte decree against the applicant/defendant on 06.03.2024. Therefore, the applicant/defendant had knowledge about the proceedings. However, after knowing that the applicant/defendant was in judicial custody in the Central Prison, Puzhal, the applicant/defendant has also been served with the summons through the Superintendent of Prison, Central Prison, Puzhal. Inspite of that, he has not appeared. Therefore, the applicant/defendant cannot claim that notice has not been served on the respondent/plaintiff. Therefore, this application is liable to be dismissed. 4. This Court heard both sides and perused the materials available on record. Page No. 3 / 5 https://www.mhc.tn.gov.in/judis A.No.4195 of 2025 in C.S.No.60 of 2021 5. Though the respondent/plaintiff vehemently opposed to allow this application on the ground that the defendant has already knowledge about the proceedings and appeared through a counsel and thereafter only, he was set ex- parte, there are no pleadings in the counter affidavit to that effect. Moreover, this application is filed within the period of limitation and in order to give a fair chance to the applicant/defendant, it is appropriate to allow this application and no prejudice would be caused to the respondent/plaintiff by allowing this application. Hence, this Court is inclined to allow this application with costs. 6. Accordingly, this application is allowed with costs of Rs.2,000/- (Rupees two thousand only) to be paid to the respondent/plaintiff's counsel within a period of two weeks from today and report compliance therein. 7 List this application for hearing on 23.10.2025 in the caption "for reporting compliance". 06.10.2025 cs Page No. 4 / 5 https://www.mhc.tn.gov.in/judis A.No.4195 of 2025 in C.S.No.60 of 2021 P.DHANABAL, J cs A.No.4195 of 2025 in C.S.No.60 of 2021 06.10.2025 Page No. 5 / 5 https://www.mhc.tn.gov.in/judis