KUPPUSAMY Vs. SELVATHANDAVAM ALIAS THANDAVA MUDALIAR

JUDGEMENT

(1.) THE Plaintiff in O.S.No.37 of 2005 on the file of the Principal District Munsif Court, Cuddalore is the Petitioner in the above Civil Revision Petition.

(2.) THE Petitioner had filed I.A.No.1858 of 2009 under Order 7, Rule 14(3) of C.P.C. to condone the delay in filing the documents. It is the case of the Petitioner that he has filed a Suit for declaration and permanent injunction and the Suit is posted for Plaintiff’s evidence. A Witness summon was sent to one Ramalingam S/o Sakkarapani. But the said summon was returned as the witness was not residing in that address. THE said Ramalingam was examined as P.W.2 in O.S.No.160 of 1999 on the file of the Additional District Munsif Court, Cuddalore. So, it is necessary to make the deposition of Ramalingam in that Suit and therefore, the delay in filing the document should be excused.

(3.) HEARD both.