S. DINAKARAN Vs. K. VARADAN

JUDGEMENT

(1.) The civil revision petition has been filed against the order dtd. 16/7/2019 passed in I.A.No.565 of 2018 in O.S.No.340 of 2009.

(2.) The revision petitioner is the plaintiff, who instituted the Suit for permanent injunction and the Suit was dismissed for default earlier on 21/11/2014 itself. Subsequently, it was restored by the Trial Court, again the Suit was dismissed for default on 22/11/2016 and the petitioner / plaintiff second time filed an Interlocutory Application in I.A.No.565 of 2018 to condone the delay for 405 days in filing a petition to restore the Suit.

(3.) The Suit was instituted in the year 2009 and it was initially dismissed for default in the year 2014 and the Trial Court restored the Suit and once again the petitioner remained absent and the Suit was dismissed for default again on 22/11/2016. The Interlocutory Application was filed to restore the Suit with a delay of 405 days. The only reason stated by the petitioner is that he was unable to contact his counsel on account of fever. The Trial Court considered the reason and found that the petitioner has not substantiated the said illness or otherwise and thus, dismissed the petition seeking condonation of delay.