KARUPPUSAMY Vs. K.C.PALANISAMY

JUDGEMENT

(1.) The Petitioners/Defendants have preferred the instant Civil Revision Petition as against the order dated 21.09.2010 in I.A. No. 42 of 2010 in O.S. No. 160 of 2005 passed by the Learned I Additional Subordinate Judge, Erode. The Learned I Additional Subordinate Judge, Erode, while passing the order in I.A. No. 42 of 2010 in O.S. No. 160 of 2005 on 21.09.2010, has categorically, inter alia, observed that '... The date of the Exparte Decree is 2.6.2006. The respondent has filed I.A. No. 723/08 for final decree and in the application, this petitioners have entered appearance on 5.10.08 itself through their counsel. But immediately the petition to set aside the Exparte Decree was not filed by this petitioners and this petition is dated 20.1.2010. According to the first petitioner, he was employed in Coimbatore but this cannot be a reason for non-participation in the proceedings of the above suit. Therefore as rightly contended there is no sufficient reason to condone the delay of 1323 days' etc., and consequently, dismissed the petition with costs.

(2.) Challenging the order of dismissal in I.A. No. 42 of 2010 in O.S. No. 160 of 2005 dated 21.09.2010 passed by the trial Court, the Learned Counsel for the Petitioners contends that the trial Court failed to appreciate that the 1st Revision Petitioner (1st Defendant) with whom the proceedings of the main suit were entrusted was bed-ridden and therefore, was not in a position to take part in the proceedings.

(3.) The Learned Counsel for the Petitioners/Defendants strenuously submits that the main suit O.S. No. 160 of 2005 has been filed by the Respondent/Plaintiff on the file of trial Court seeking the relief of partition in respect of suit properties and in view of the fact that the rights of parties are very much involved in this regard and also bearing in mind a prime fact that final decree proceedings in I.A. No. 723 of 2008 are very much pending as on date, no serious prejudice would be caused to the Respondent/Plaintiff, if I.A. No. 42 of 2010 [petition to condone the delay of 1323 days in setting aside Exparte Decree dated 21.09.2010 filed by the Petitioners/Defendants] is allowed.