ELUMALAI GOUNDER Vs. BALA GANAPATHY MUDALIAR

JUDGEMENT

(1.) THE Petitioner/Appellant has focussed the instant Civil Revision Petition as against the order dated 19.11.2009 in I.A.No.255 of 2009 in unnumbered C.M.A.No. Of 2009 passed by the Learned Principal District Judge, Villupuram for condonation of delay of 49 days in filing the application as per Order 9 Rule 9 of Civil Procedure Code.

(2.) THE Learned Principal District Judge, Villupuram, while passing order in I.A.No.255 of 2009 in unnumbered C.M.A.No. Of 2009 on 19.11.2009, has among other things, observed that '.. when I.A.No.292 of 2008 was adjourned for an enquiry, no one appeared on the side of the Petitioner and viewed in that perspective, the Petitioner/Defendant was acting with a view not to proceed with the original suit before the trial Court and consequently, dismissed the application with costs.'

(3.) IT transpires from the affidavit filed in I.A.No.255 of 2009 and I.A.No.292 of 2008 in I.A.No.81 of 2009 in unnumbered C.M.A.No. Of 2008 that the Petitioner/Defendant preferred Civil Miscellaneous Appeal before the Principal District Judge at Villupuram as against the attachment order passed against his properties in I.A.No.323 of 2007, dated 13.12.2007 in a pending money suit in O.S.No.83 of 2007 on the file of the Learned Principal Sub Court, Villupuram together with a delay petition praying for condonation of delay of 7 days. The said delay application in I.A.No.81 of 2008 was posted on 17.09.2008 for enquiry. The said I.A.No.81 of 2008 was dismissed for default on 17.09.2008. Therefore, the Petitioner/Defendant was constrained to project another I.A.No.292 of 2008 and the said application got dismissed on 18.04.2009 for their being no representation on behalf of the Petitioner. In short, the Petitioner/Defendant had prayed for con donation of delay of 7 days in projecting Order 9 Rule 9 of Civil Procedure Code.