PERIAMMAL; SUBBARAYAN; VEERAMUTHU; VENKATESH Vs. A MANI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 02.02.2012 made in I.A.No.228 of 2012 in O.S.No.396 of 2006 on the file of the First Additional District Munsif Court, Salem.

(2.) The petitioners are the defendants in the said suit filed by the respondent herein for recovery of possession of the suit property. The said suit came to be dismissed for default on 6.7.2007. For restoring the said suit, the respondent/plaintiff filed an application under Order IX, Rule 9 of the Civil Procedure Code. However, as there were some discrepancies, the said application was returned by the Court below for effecting compliance. The plaintiff re-presented the said application only on 19.09.2011 with a delay. Only to condone the said delay, he filed I.A.No.228 of 2012 under Sections 148 and 151 of the Civil Procedure Code seeking to condone the delay in re-presenting the application under Order IX, Rule 9 of the Civil Procedure Code. The Court below allowed the application by order dated 02.02.2012. Hence, the present Civil Revision Petition is filed by the defendants.

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