MANIKANDAN Vs. PUTHU MARAMMAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed, to set aside the order dated, 07.10.2016, made in IA.No.45 of 2015 in OS.No.265 of 2011, by the Subordinate Judge, Dharapuram.

(2.) The facts of the case, in a nutshell, are that the 3rd Defendant is the Petitioner and the Plaintiff is the Respondent. The suit was filed for declaration and permanent injunction and in the suit, a written statement was filed. Issues were framed on 21.01.2014 and proof affidavit of PW.1 was filed on 03.03.2014 and on that day, since the 3rd Defendant was absent, he was set exparte and the trial commenced with the other Defendants and a judgement and decree was passed on merits on 01.11.2014. Hence, the 3rd Defendant has filed the present application to condone the delay of 36 in filing the application to set aside the exparte decree passed against him. By the impugned order, the said application application was dismissed. Hence, this Civil Revision Petition has been filed.

(3.) This court heard the learned counsel on either side and considered their submissions and also carefully perused the materials placed on record.