K. PRABHAKARAN Vs. MR. K. GOVINDARAJ

JUDGEMENT

(1.) The Civil Revision Petition has been filed against the fair and decreetal order made in I.A.No.1297 of 2016 in O.S.No.299 of 2006 on the file of the Principal District Munsif at Alandur.

(2.) The revision petitioner is the first defendant in the suit filed in O.S.No.299 of 2006. The first respondent instituted the suit for permanent injunction and the revision petitioner states that the revision petitioner was set ex-parte and an order was passed on 30/8/2010, due to the nonappearance of the learned counsel, who appeared for the revision petitioner before the trial Court. The revision petitioner states that an ex-parte order passed on 30/8/2010 was known to him only on 10/8/2014. Thus, he was not able to file a petition to set aside the ex-parte order within a period of 30 days and there was a delay of 1789 days in filing a petition for setting aside the ex-parte order.

(3.) The reasons stated for such a long delay is that the learned counsel, who appeared for the revision petitioner before the trial Court, filed another suit in O.S.No.333 of 2005 and in the said suit, the respondent/plaintiff is the defendant. Thus, the revision petitioner has drew an inference that the lawyer would have colluded with the other side in that suit and not attended the suit in which the revision petitioner is the first defendant.