EMM EMM CONTAINER SERVICES Vs. COMALA GOPINATH

JUDGEMENT

(1.) "DELAY", "DEFAULT", "DISMISSAL" and "PROTRACTION" have become synonymous of Civil proceedings. The instant case is a classic example as to how the Civil Court's proceedings are dragged on, by hook or crook, so that the party, who approaches the Civil Court, does not get the relief, even after passage of a decade and that is the reason, why the parties are seeking relief through illegal means and extra-judicial methods. If the interest of the party, who approaches the Court, is not protected, it will only lead to the party resorting to extra-judicial methods to achieve his means, which will not be in the interest of the society. That apart, this Court has to safeguard the interest of Justice Delivery System. For having approached the Court, the party concerned should not be penalised and his right to get the relief should not be frustrated. The case on hand is such a case, wherein the Respondents approached the Court in 2002 and are unable to get the relief, even after 12 years. The Appellants have been able to squat upon the property successfully, dragging on the matter for more than 12 years and they should not be allowed to drag on further. This Civil Miscellaneous Appeal has been filed as against the Order dated 24.06.2014 passed in I.A. No. 315 of 2012, which was filed under Order 9, Rule 13, CPC, to set aside the ex parte Decree dated 23.12.2011 passed in O.S. No. 12 of 2007 on the file of Principal District Court, Tiruvallur.

(2.) The Suit in O.S. No. 12 of 2007 was filed by the Respondents herein for recovery of possession, arrears of rent, damages and future damages for use and occupation of the Suit properties. Originally, the Appellants/Defendants were inducted as tenants of the Suit property measuring about 3.63 acres in Survey Nos. 259/1 & 259/2 in Kathivakkam Village, Ambattur Taluk, Tiruvallur District, through a Lease Agreement dated 13.12.2000. The monthly rent was fixed at Rs. 40,000/- per month and the Appellants paid an advance of Rs. 1,60,000/- representing four months' rent. Though, initially, the Appellants paid the rent, thereafter, they defaulted in the payment of rent, which compelled the Respondents to file a Suit in O.S. No. 94 of 2002 before the Sub-Court, Ponneri, for the reliefs aforesaid, which was subsequently transferred to the file of District Court, Chengalpattu, as O.S. No. 719 of 2004 and again transferred to the file of Principal District Court, Tiruvallur, as O.S. No. 12 of 2007. After the filing of the Written Statement, the Appellants remained ex parte. Therefore, an ex parte Decree came to be passed on 03.12.2007. To set aside the said ex parte Decree, Appellants 1 & 2 herein filed I.A. No. 81 of 2010 to condone the delay of 27 days in filing the Application to set aside the ex parte Decree. Since the said Application came to be dismissed, they filed C.R.P. NPD No. 1863 of 2011 before this Court and the said Revision was allowed by Order dated 29.08.2011. Thereafter, the Appellants participated in the proceedings. On 23.12.2011, since there was no representation on behalf of the Appellants for cross-examination of the Plaintiff's witness, they were set ex parte and an ex parte decree came to be passed on 23.12.2011. To set aside the same, I.A. No. 315 of 2012 was filed by the Appellants herein. However, the said Application was dismissed on 24.06.2014. Hence, the present Appeal.

(3.) Heard Mr. A.A. Ravichandran, learned Counsel for the Appellants and Mr. S. Raghunathan, learned Counsel for the Respondents.