NAGARATHINAMMAL Vs. MADHAMMAL

JUDGEMENT

(1.) The defendants 2, 8, 9 and 11 in O.S.No.96/1985 on the file of the District Munsif, Dharmapuri, are the petitioners in the present revision petition. The said suit was filed by the respondent herein for partition claiming = share in 16 items of landed properties and a house property, besides movables. After entering appearance through a counsel and submitting a written statement, they failed to contest the suit, as a result of which an ex-parte preliminary decree for partition came to be passed on 7.8.2008.

(2.) The revision petitioners filed an application under Order IX Rule 13 CPC (un-numbered) to set aside the ex-parte preliminary decree dated 7.8.2008. As the said application was not filed in time, they also filed an application under Section 5 of the Limitation Act, 1963 for condoning the delay of 903 days in filing the application under Order IX Rule 13 CPC to set aside the ex-parte preliminary decree dated 7.8.2008. The said application filed under Section 5 of the Limitation Act, 1963 was taken on file as I.A.No.187/2011. The learned judge of the trial court, after hearing, dismissed the above said application I.A.No.187/2011, by order dated 19.03.2012. The said order is the subject matter of challenge in the present revision petition.

(3.) The respondent/plaintiff has entered appearance through counsel. The arguments advanced by Mr.S.Baskaran, learned counsel for the revision petitioners and by Mr.V.Ayyadurai, learned counsel for the respondent are heard. The copy of the impugned order, grounds of revision and also the additional grounds raised, are perused and taken into consideration. The documents produced in the form of typed set of papers and additional typed set of papers are also taken into consideration.