CHENNIAPPAN Vs. VALLIAMMAL

JUDGEMENT

(1.) This civil revision petition is filed against the order made in I.A.No.598 of 2012 in A.S.No.117 of 2009 in condoning the delay of 613 days in representing the application to set aside the order of dismissal of the appeal for default on 12.08.2010 and to restore the same.

(2.) The respondents herein have filed the above appeal aggrieved against the judgment and decree in O.S.No.175 of 2004 which came to be dismissed on 08.12.2008. The said suit was filed by the respondents herein for partition against the petitioners herein. As the said suit for partition came to be dismissed by the trial court, they preferred an appeal in time and however, when the matter was taken up for argument on 12.08.2010 by the Appellate Court, the respondents did not appear and consequently, the appeal came to be dismissed for default on 12.08.2010. They filed the set aside petition on 13.09.2010. When the set aside petition was returned by the office of the court below for effecting certain compliance, the same was not represented within the time and however, it came to be represented after a delay of 613 days by filing an application in I.A.No.598 of 2012, seeking to condone the said delay.

(3.) In the affidavit filed in support of the said application, it is stated that the Advocate's Clerk of the respondents misplaced the returned papers with other bundles and inspite of the best efforts taken by their counsel, the said petition was not traced out. Only in the last week, during the Ayutha pooja celebrations, while rearranging the case bundles in the counsel's office, their counsel traced out the returned papers and immediately, the same is represented before the court below with a delay of 613 days.