T. AZHAGAPPAN Vs. ANNAM

JUDGEMENT

(1.) The Civil Revision petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioner seeking to condone the delay of 87 days in filing petition to set aside the ex-parte decree passed against him.

(2.) The respondents 1 to 5 filed a suit for partition against the petitioner and other respondents. The said suit was decreed ex-parte against the petitioner and other respondents on 2/4/2018. The petitioner and others filed an application to set aside the ex-parte decree along with an application to condone the delay of 87 days in filing such application. The said condone delay application was dismissed by the Court below. Aggrieved by the same, the petitioner is before this Court.

(3.) In the affidavit filed in support of the condone delay application, it was stated by the petitioner that at the relevant point, he was suffering from jaundice and hence he could not appear before the Court. The trial Court without considering the reason assigned by the petitioner by way of non-speaking order, simply dismissed the application. The non-speaking one line order passed by the trial Court cannot be allowed to stand and therefore, the same is liable to be set aside.