ARUNAGIRINATHAN Vs. GANAPATHY

JUDGEMENT

(1.) THIS revision is preferred against the order passed by the learned District Munsif, Chengam, dated 29.09.2010 in I.A. No.12 of 2008 in A.S. No.92 of 2006 dismissing the petitioner for default.

(2.) THE respondent/ plaintiff instituted a suit against the petitioner/ defendant for recovery of money based on a pro -note dated 10.12.2003 executed by the defendant in favour of the plaintiff. The defendant filed the written statement denying the execution of the pro -note. Subsequently, the petitioner/ defendant remained absent and as a result, an ex -parte decree was passed against him on 17.11.2006. Thereafter, the petitioner filed an application in I.A. No.12 of 2008 to set aside the ex -parte decree passed against him on 17.11.2006 on the ground that he was suffering from severe jaundice which prevented him to appear before the Court on the date of hearing. In the said petition, he had wrongly mentioned the date of decree as 16.11.2006 instead of 17.11.2006. Therefore, he filed another application in I.A. No.71 of 2009 to permit him to amend the date of decree which was allowed by the learned District Munsif, by order dated 24.12.2009. However, no specific time was granted to carry out the amendment. The said application in I.A. No.12 of 2008 was posted for carrying out the amendment on various dates but no amendment was carried out by the petitioner, despite several opportunities granted to him. It is seen from the docket entry filed by the petitioner that nearly for 9 months, the matter has been adjourned periodically for the purpose of carrying out the amendment. However, no steps had been taken by the petitioner. Finally, on 29.09.2010 as the petitioner's counsel reported no instruction, the said petition for permission to carry out the amendment was dismissed for default on the said date. As against which, the present revision has been filed by the petitioner/ defendant.

(3.) UNDISPUTEDLY , the order of amendment was passed allowing the petitioner to correct the date of decree on 24.12.2009. It is no doubt true that no specific time is granted for carrying out the amendment.