R.O.C.N0.81478-A/2025/F1 CIRCULAR Sub: High Court, Madras — Order passed in C.R.P.Nos.808 & 809 of 2025 and C.M.P.N0.4731 of 2025, dated 26.06.2025 Directions issued with regard to condonation of delay — Circular issued — Reg.

R.O.C.N0.81478-A/2025/F1
CIRCULAR
Sub: High Court, Madras — Order passed in C.R.P.Nos.808 & 809 of 2025 and C.M.P.N0.4731 of 2025, dated 26.06.2025 Directions issued with regard to condonation of delay — Circular issued — Reg.

Reg: Order passed by the I-ligh Court, Madras, in C.R.P.Nos.808 & 809 of 2025 and C.M.P.N0.4731 of
2025, dated 26.06.2025
The High Court, Madras vide Order dated 26.06.2025 passed in
C.R.P.Nos.808 & 809 of 2025 and C.M.P.N0.4731 of 2025, has observed that the proviso to Rule 105 of Order 21 CPC, brought in by the Madras I-ligh Court Amendment in 1972, providing powers to the Courts to condone the delay in Execution Proceedings has been repealed after the Central
Amendment in 1976, and the I-lon’ble Court is of the view that, it is for the High Court on the Administrative Side to consider re-introducing the proviso on similar lines and placing t_he sallie below Order 21 Rule 106(3) of the present Code. However, till such an amendment is brought under the First Schedule, the provisions under Order 21 Rule 106(3) CPC as of now, along would prevail and the Execution Court -has no power to condone the delay in Execution Proceedings under Order 21 CPC after expiry of the statutory period of limitation.
Hence, the Hon’ble Court has issued the following directions under Article 227 of the Constitution of India to ensure that no undue injustice is caused to a genuine litigant, till the decision is taken by the Hon’ ble Rule
Committee of High Court on the Administrative Side:-
2 .
()rder XXI Rule 105(2) C.P.C deals with an order dismissing the matter when there is no appearance for the party when the case is called on for hearing. In such cases, if the party is represented by counsel who reports no instructions or continually absents himself from appearance leading to the inference that he has withdrawn from the matter, the Court must ensure fresh notice is issued to the party giving him reasonable time to make alternative arrangements or to appear in person. If after such notice the party does not appear on the next date of hearing or make alternative arrangements with reasonable time, the Court may proceed to pass an order under Order XXI Rule 105(2) C.P.C.
(ii) If the matter is dismissed on a date not fixed for hearing but on a date fixed for some other purpose, the order will not come within the ambit of Order XXI Rule 105(2)
(Ref: Radhakrishnan v. Stale of Kerala, 2005 SCC Online Ker 589 : (2006) 1 1