SASIKUMAR Vs. D.DURAISAMY

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 19.9.2007 made in I.A.No.603 of 2006 in O.S.No.152 of 2005on the file of the learned District Munsif cum Judicial Magistrate, Perundurai refusing to condone the delay of 219 days in filing the application to set aside the exparte decree dated 29.7.2005.

(2.) THE respondent herein filed a suit in O.S.No.152 of 2005 against the petitioner seeking for recovery of a sum of Rs.42,930.00 with interest based on a promissory note. The suit came to be decreed exparte on 29.7.2005. The petitioner filed application under Section 5 of the Limitation Act on 04.04.2006 to condone the delay of 219 days in filing the set aside application. The said application was resisted by the respondent. The Court below rejected the said application by holding that the reason stated by the petitioner in the affidavit filed in support of the application is false.

(3.) THE petitioner herein filed the application under Section 5 of the Limitation Act seeking to condone the delay of 219 days in filing the set aside petition. The exparte decree came to be passed against the petitioner on 29.7.2005 in a money suit. The petitioner, in the affidavit filed in support of the said application, stated that summon was not served on him. On the other hand, the respondent herein, in the counter affidavit filed in the said I.A., stated that after the decree passed in the said suit, he filed execution petition in E.P.No.97 of 2005 for attachment of salary of the petitioner herein and an order of attachment was also came to be passed therein, which was subsequently, made absolute. Thereafter, as per the said order of attachment, the amount was recovered from the salary of the petitioner and remitted into the Court by the garnishee.