MARIMUTHU Vs. RATHINAVELGOUNDER

JUDGEMENT

(1.) This Civil Revision Petition has been filed, to set aside the fair and decreetal order dated 05.11.2016, made in IA.No.418 of 2016 in OS.No.106 of 2011, by the Subordinate Judge, Dharmapuri.

(2.) The facts of the case, in a nutshell, are that the Plaintiffs are the Petitioners and the Respondents herein are Defendants. The suit was filed for partition and separate possession. Since the suit was dismissed for default on 27.01.2016, the Plaintiffs have filed IA.No.418 of 2016 to condone the delay of 60 days in filing the application to restore the suit. By the impugned order, the said IA was dismissed. Hence, this Civil Revision Petition has been filed by the Plaintiffs.

(3.) This court heard the learned counsel on either side.