SELVARAJ Vs. VIJAYAKUMAR

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order passed in I.A.No.60 of 2017 in O.S.No.153 of 2015 dated 17.09.2018, on the file of the learned Subordinate Judge, Kulithalai.

(2.) The petitioner herein is the defendant and the respondent herein is the plaintiff. The respondent herein has filed a money suit in O.S.No.153 of 2015 before the learned Sub Judge, Kulithalai claiming a sum of Rs.9,51,650/- (Rupees Nine Lakhs Fifty One Thousand Six Hundred and Fifty only) with interest. An exparte decree was passed in the suit. The petitioner has filed a petition in I.A.No.60 of 2017 to condone the delay of 355 days in filing the set aside petition. The learned Sub Judge dismissed the petition. Against which, the petitioner has preferred this revision petition.

(3.) On the side of the revision petitioner, it is stated that the petitioner obtained a loan from the respondent, who is doing auto finance business. A pro note was executed by the petitioner. Due to some problems, the lorry was handed over to the respondent to set right the balance amount with interest. By handing over the lorry the money transaction between the respondent and the petitioner was settled and that the petitioner was under the impression that the entire amount was settled. The petitioner failed to receive back the pro note given as a security for the loan. No summon was served on the petitioner and an exparte decree was passed. An opportunity for the petitioner to put forth his case has to be given in the interest of justice and prayed the delay to be condoned.