LAWS(MAD)-2011-1-681

S RATHINASAMY Vs. PALANISAMY

Decided On January 10, 2011
S RATHINASAMY Appellant
V/S
PALANISAMY Respondents

JUDGEMENT

(1.) The Revision Petition is directed against the order made in I. A. No. 513 of 2009 in O. S. No. 31 of 2004 dated 04.01.2010, dismissing an application filed under Section 5 of the Limitation Act to condone the delay of 21 days in filing to set aside the ex parte decree.

(2.) Short facts leading to the revision petition are as follows:

(3.) According to him, his absence was neither willful nor wanton and hence he has filed to condone the delay of 21days in setting aside the ex parte decree under Order 9, Rule 13 of CPC. Opposing the said application, the decree holder submitted that when E. A. No. 254 of 2009 in E. P. No. 41 of 2009 was pending for arrest, an application to set aside the ex parte decree has been filed, wherein, the petitioner contended that he was taking native treatment at Kollimalai during June, 2009 and he therefore submitted that the petitioner has not come out with correct facts.