S PALANI Vs. S NAGESWARI AND ORS

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 25.3.2010 passed by the III Asst.Judge, City Civil Court, Chennai, in I.A.No.17263 of 2009 in O.S.No.8209 of 2006.

(2.) The petitioner is the plaintiff in O.S.No.8209 of 2006 on the file of the III Assistant Judge, City Civil Court, Chennai. He filed the suit for partition, claiming 1/7th share in the suit property. The suit summons was not served on the defendants and on the basis of the paper publication, the respondents were set ex-parte and an ex-parte decree was passed on 6.2.2007. Subsequently, the petitioner filed an application in I.A.No.662 of 2008, for passing final decree. In the final decree application, the respondents received the summons; entered their appearance and filed the counter, on 11.8.2008. On 9.1.2009, an Advocate Commissioner was appointed and he inspected the property on 25.7.2009 and filed his report on 17.8.2009.

(3.) The respondents filed a petition in I.A.No.17263 of 2009, on 27.8.2009, to condone the delay of 901 day in filing an application to set aside the ex-parte decree, dated 6.2.2007. The petitioner filed his counter and objected the same. The learned III Assistant Judge, City Civil Court, allowed the petition. Aggrieved by the order, the petitioner has filed the present revision.