SAMINATHAN Vs. ANNASAMY

JUDGEMENT

(1.) Inveighing the order dated 4.8.2009 passed in I.A.No.304 of 2008 in O.S.No.267 of 2006 by the Principal District Munsif, Ariyalur, this civil revision petition is focussed.

(2.) Heard both sides.

(3.) Broadly but briefly, narratively but precisely the relevant facts absolutely necessary and germane for the disposal of this revision would run thus: (i) The respondent, as plaintiff, filed the suit for recovery of a sum of Rs.79,275.00 with interest in the Principal District Munsif, Ariyalur. The revision petitioner/defendant remained ex-parte. Thereafter he has chosen to file the I.A.No.304 of 2008 to get the delay of 229 days condoned in filing the application to get the ex-parte decree set aside. The trial Court dismissed the said application, as against which, this revision has been filed on various grounds, the quintessence of the same would run thus: The lower Court failed to take into account the genuine reasons stated by the revision petitioner/defendant to get the delay condoned. In fact, the defendant was suffering from Jaundice and hence he could not participate in the proceedings by filing written statement etc.