SUBRAMANIAM Vs. K. VEERAKUMAR

JUDGEMENT

(1.) THIS Civil Revision Petition filed under Article 227 of the Constitution of India, is directed against the fair and final order dated 09.02.2010, in I.A.No.1175 of 2009 in O.S.No.13 of 2008, on the file of First Additional District Munsif Court, Bhavani. By the said order, the trial Court dismissed the application filed by the petitioner under Section 5 of the Limitation Act seeking condonation of delay of 190 days in filing the application under Order 9, Rule 13 CPC to set aside the exparte decree in O.S.No.13 of 2008.

(2.) THE respondent/plaintiff filed the suit for partition for diversion of the suit schedule property into five equal shares by meets and bounds and allot one share to the respondent/plaintiff and for a decree of permanent injunction to restrain the petitioners/defendants from in any manner encumbering or altering the suit property till the disposal of the final decree proceedings. There were four defendants in the suit and the petitioners herein are the defendants 3 and 4.

(3.) IN the affidavit filed in support of the application to condone the delay, which was filed by the fourth defendant on his behalf and on behalf of the third defendant and it was stated that he was suffering from Jaundice for seven months and after his health improved, he contacted his counsel on 02.12.2009 and only then he came to know about the exparte decree and approached the Court for setting aside the same and in that process, the delay of 190 days has occurred.