K C MOHAN Vs. C GANAPATHI

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the order dated 26.03.2004 made in I.A.No.61 of 2004 in O.S.No.187 of 1999 by the learned Subordinate Judge, Karur, dismissing the Petition filed under Section 5 of the Limitation Act, 1963, declining to condone the delay of 1642 days. The Defendant is the Revision Petitioner.

(2.) FACTS necessitated for the disposal of this Civil Revision Petition could briefly be stated thus: - O.S.No.187 of 1999:-} (Sub-Court, Karur) } The Revision Petitioner / Defendant borrowed a sum of Rs.4,00,000/- from the Plaintiff - Ganapathi and executed a Promissory Note. For Recovery of Rs.4,47,066/-, the Plaintiff has filed this Suit. On 09.07.1999, the Petitioner / Defendant set exparte. On 25.11.1999, exparte Decree was passed.

(3.) I.A.No.61 of 2004:- After depositing the amount into the Court and after filing E.A.No.329 of 2003, the Defendant has filed this Application under Section 5 of the Limitation Act, 1963 to condone the delay of 1642 days in filing the Petition to set aside the exparte Decree. The Petition was filed stating that the Defendant was suffering from illness and that he could not entrust the Vakalat and appear before the Court on 09.07.1999 and on the subsequent dates. The Application was strongly resisted by the Respondent / Plaintiff stating about the filing of the Application in E.A.No.329 of 2003 and the deposit of the Decree amount by the Defendant.