ULAGAMANI Vs. GNANASEKAR

JUDGEMENT

(1.) The Civil Revision Petition has been instituted, questioning the validity of the fair and decreetal order dtd. 3/11/2022 passed in I.A.No.1 of 2022 in O.S.No.12 of 2019.

(2.) The Revision Petitioner is the defendant in the suit. The respondent instituted the suit for Partition. The suit was set ex-parte against the defendant on 16/8/2019. After a lapse of about 3 years, the revision petitioner/defendant filed an Interlocutory Application to condone the delay of about 1016 days in filing the petition to set aside the ex-parte order.

(3.) The petition to condone the delay of 1016 days was adjudicated by the trial Court and the trial Court found that the revision petitioner/defendant has failed to file the written statement and she was present, when ex-parte order was passed on 10/7/2019, but she has stated as if she was ill and could not attend the Court, which is false. The written statement was not filed, in spite of the fact that she was given sufficient opportunity. This petitioner has entered appearance in the final decree petition and has taken time falsely representing she has filed petition to set aside ex-parte decree. But the petition is filed after nearly three years as if the petitioner could not file due to medical reasons. The revision petitioner/defendant has not come with clean hands. The records support the statement of the plaintiff.