R THANGAM Vs. S. RAMALINGAM

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the order, dated 21.08.2015 made in I.A. No. 120 of 2015 in O.S. No. 492 of 2008 on the file of the District Munsif Cum Judicial Magistrate Court, Vadipatti.

(2.) The respondents herein/plaintiffs have filed a suit in O.S. No. 492 of 2008 on the file of the District Munsif cum Judicial Magistrate Court, Vadipatti, for partition and permanent injunction. An exparte decree was passed on 30.08.2012 in the aforesaid suit against the revision petitioner herein. Therefore, the revision petitioners herein have filed a petition in I.A. No. 120 of 2015 in O.S. No. 498 of 2008 under Section 5 of Limitation Act and Section 151 of CPC to condone the delay of 858 days in filing the petition to set aside the exparte decree, dated 30.08.2012 in O.S. No. 492 of 2008 and the same was dismissed with Costs. Against the dismissal order, dated 21.08.2015 the instant Civil Revision Petition is filed.

(3.) The learned counsel appearing for the revision petitioners submitted that the Court below ought to have given a reasonable opportunity to the petitioners to challenge the suit in O.S. No. 492 of 2008 on merits in the interest of justice. He further submitted that the Court below has failed to note that the first petitioner's son has committed suicide on 07.08.2012 and therefore, they could not be able to file the petition within the time. He further submitted that the Court below has failed to note that the petitioners were not aware of the disposal of the case and hence, the delay in filing the appeal may be condoned. He further submitted that the Order passed by the Court below is unsustainable and hence liable to be set aside. Hence, he prayed to allow the Civil Revision Petition.