MUNUSAMY Vs. RAMACHANDRAN

JUDGEMENT

(1.) THE petitioner is the defendant in O.S.No. 43 of 2000 filed by the respondent herein for recovery of money.

(2.) THE said suit filed before the Sub Court, Tindivanam, came to be decreed exparte on 6.6.2000. After nine years, the respondent/ decree holder filed E.P.No. 8 of 2009 on the file of the Sub Court, Gingee as the suit was subsequently transferred to the said Court from Sub Court, Tindivanam, in view of bifurcation of the territorial jurisdiction. In the said execution petition, the petitioner was served with notice on 24.7.2009. After receiving such notice, he filed I.A.No.546 of 2009 under Section 5 of the Limitation Act seeking to condone the delay in filing a petition to set aside the exparte decree made in O.S.No. 43 of 2000. The said application was filed on 26.7.2009 before the Sub Court, Tindivanam. Since the said suit itself was already transferred to Sub Court, Gingee, the said application was also transferred to Sub Court, Gingee.

(3.) HEARD the learned counsel appearing on either side.