VELAMMAL S. Vs. MARY PACKIATHAI F.

JUDGEMENT

(1.) The present Civil Revision Petition has been filed, against the fair and decreetal order, dtd. 10/2/2021 , passed in I.A.No.793 of 2010 in O.S.No.311 of 2005, by the Principal District Munsif Court, Ambasamudram.

(2.) The facts of the case, in a nutshell, are that the Defendant is the Petitioner and the Plaintiff is the Respondent. The suit was filed for permanent injunction and other reliefs and an exparte decree was passed on 5/9/2007. The petitioner had filed the above application to condone the delay of 1012 days in filing the application to set aside the said exparte decree. Since the said application was dismissed by the impugned order, this Civil Revision Petition has been filed.

(3.) The learned counsel for the Petitioner has submitted that since the Petitioner was under treatment for jaundice, she could not be present on the date when the exparte decree was passed and since she is an illiterate, she could not get instructions from her advocate to contest the case and thus, the delay had occurred and it is neither willful nor wanton and that the reasons assigned by the petitioner have not been properly appreciated by the Court below and that in the interest of justice, the petitioner may be given an opportunity to contest the suit, by allowing this Civil Revision Petition.