GUNASEKARAN Vs. GANESAN

JUDGEMENT

(1.) The Revision Petitioner/Defendant has filed this Civil Revision Petition as against the order dated 09.08.2008 made in I.A.No.945 of 2007 in O.S.No.442 of 2004 passed by the learned District Munsif, Mettur.

(2.) The trial Court viz., the learned District Munsif, Mettur while passing orders in I.A.No.945 of 207 filed by the Revision Petitioner/Defendant (under Section 5 of the Limitation Act) has among other things observed that sufficient cause has not been put forward by the Revision Petitioner in filing an application to set aside the Exparte Decree dated 04.03.2005 and consequently, dismissed the Application without cost.

(3.) According to the learned counsel for the Revision Petitioner/Defendant, the order of the trial Court in dismissing the I.A.No.945 of 2007 dated 09.08.2008 is not correct because of the fact that there is no suppression of filing of the previous application and that the Revision Petitioner's previous counsel has filed an Application but it is not within the knowledge of the Revision Petitioner as to how and upto what stage that the learned Advocate had processed the matter.