SARASWATHI Vs. MYLI

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order passed by the lower Court in I.A.No.32 of 2005 in O.S.No.80 of 2002 dated 21.02.2005, an application to restore the suit filed, which was dismissed for default on 01.10.2004.

(2.) HEARD Mr.N.Manokaran, learned counsel for the petitioners and Mr.K.Soundararajan, learned counsel for the respondents.

(3.) I have given anxious thoughts to the arguments advanced on either side. The admitted facts are that the suit was filed by the respondents/plaintiff on 05.10.2004 and subsequently, an affidavit was incorporated on 01.12.2004 with a petition and the said application was allowed by the lower Court, accepting the reasons mentioned therein. The contentions raised by the petitioners would be that the filing of the affidavit on 01.12.2004 would make the petition already filed by the respondents correct and therefore, the date of filing of the affidavit should have been taken as the correct date of the filing. If the presentation of the date of affidavit is taken as the date of filing, the application filed by the respondents to restore the suit is not within time and it should have been rejected.