BYILVANALIASRAMASAMY Vs. MATHIAZHAGAN

JUDGEMENT

(1.) AS against the order passed by the learned District Munsif-cum-Judicial Magistrate at Paramathi, in I.A.No.561 of 1999 in O.S.No.203 of 1995 on 24.7.2000 allowing the petition to condone the delay of 711 days on payment of cost of Rs.1,000 and also deposit of Rs.1,200 on or before 25.8.2000 failing which, the petition shall stand dismissed, the C.R.P. is filed.

(2.) THE plaintiffs 2 to 5 in the suit are the revision petitioners. Plaintiffs filed the suit for declaration and permanent injunction. That suit was decreed on 25.6.1977. THE defendant filed the petition to set aside the ex parte decree along with a petition to condone the delay of 711 days on 6.8.1999. THE condonation of delay petition was heard by the learned District Munsif, Paramathi who allowed the said petition on"payment of cost of Rs.1,000 and also on deposit of Rs.1,200 on or before 25.8.1999 failing which, the petition shall stand dismissed.

(3.) DURING the cross-examination, he has stated that after he took treatment at Karur for the fracture of his leg, he went to Srirangam where he stayed with his brother for a period of two years and during that period of two years, he did not meet his counsel and therefore only after receipt of notice in the E.P., he came to know about the ex parte decree in the suit.