R. RATHA Vs. A. RAJU

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioner against the order dated 09.12.2009 in I.A.No.1682 of 2006 in O.S.No.33 of 2002 on the file of the Sub -Ordinate Judge, Namakkal, Namakkal District.

(2.) THE Facts in Nutshell: -

(3.) SUBSEQUENTLY , the first respondent alone filed I.A.No.1682 of 2006 to condone the delay of 881 days in filing the application to set aside the ex -parte decree stating that he was engaged in vessel business and he used to go to North India and return after 5 or 6 months. It is stated by the first respondent that in the month of March 2004, he left to North India and came back only in July 2004. In the meanwhile, the letter sent by his counsel did not reach him, and only after contacting his counsel, he came to know about the ex -parte decree. He has further stated that he was suffering from chicken guinea during the relevant time and was bedridden. The petitioner filed his detailed counter and resisted the petition. The learned Sub -Judge, Namakkal condoned the delay on payment of cost of Rs.2500/ -. Aggrieved by the said order, the present revision is filed.