KUTHALINGAM ALIAS SATHYARAJ Vs. T S RAMA NARAYANAN

JUDGEMENT

(1.) The petitioner is the sixth defendant in I.A. No. 190 of 2008, on the file of the Additional District Munsif Court, Tenkasi, which was originally filed as O.S. No. 454 of 2006 in the same Court. It is a suit for declaration and recovery of possession. The respondents are plaintiffs in the suit.

(2.) In the affidavit, it is alleged that when the case was posted for filing written statement of the defendants on 22.1.2007, this petitioner could not attend the Court on account of his illness, who was suffering from jaundice and was taking country medicine in Kerala and hence, he could not file the written statement. Due to the said ailment, he was unable to attend the Court also. Hence, an ex parte order was passed against him on that day. So, this petition has been filed to set aside the ex parte order and to receive additional statement.

(3.) In the counter filed by the second respondent adopted by the third respondent, it is stated that it is not true to state that on 22.1.2007 and the previous period the petitioner was suffering from jaundice, that for having cured of his jaundice he had been to Kerala and took native medicine and hence, he could not appear before the Court on 22.1.2007. The petitioner has not stated when he fell ill, when he recovered, from which Doctor and in which place he took treatment. No documentary evidence is forthcoming in this regard. Even though he has stated that he has filed the written statement, in fact, he has not filed the written statement. He has only filed the petition to drag on the proceedings. Hence, the petition may be dismissed.