A P RAMASAMY Vs. DHANALAKSHMI

JUDGEMENT

(1.) A.P.Ramasamy, the petitioner is the first defendant in the suit.

(2.) Dhanalakshmi, the respondent herein, the sister of the petitioner, filed the suit for partition of 1/3 share in the suit property. The case was adjourned on various dates, giving time for the petitioner/first defendant to file written statement. Despite that, no written statement was filed. Hence, the suit was decreed ex-parte. After a delay of 342 days, the petitioner filed an application under Section 5 of the Limitation Act to condone the said delay to set aside the ex-parte decree. The said application was dismissed. Hence, the above civil revision petition.

(3.) According to learned counsel for the petitioner, the letter sent by the counsel asking the petitioner to go and meet the counsel to file the written statement, was not served on him, as he shifted his residence to some other place and the same returned to the counsel himself and when the petitioner/first defendant approached the lawyer, he was informed about the ex-parte decree and as such, the delay was not due to his negligence nor out of any mala-fide reasons.