A MUTHUSAMY Vs. MUNIAMMAL

JUDGEMENT

(1.) THIS revision is preferred against the order dated 6. 1. 2005, passed in I. A. No. 401/2004 in un-numbered A. S. C. F. R. No. 14873/2004 on the file of the Principal District Court, Erode, dismissing the petition and declining to condone the delay of 477 days in representing the appeal. Defendant is the Revision Petitioner.

(2.) THE Revision Petitioner/defendant is the son of the first Respondent. Respondents 2 to 4 are the sisters of the Revision petitioner. THE suit was filed by the Respondent in O. S. No. 70/1997 for partition which was decreed on 15. 7. 2002. THE Revision Petitioner preferred an appeal on 11. 4. 2003, which was returned on 21. 4. 2003 and the case was not represented within the stipulated time.

(3.) THE appeal was filed on 11. 4. 2003; subsequently returned on 21. 4. 2003 for rectification of defects. THEreafter, the Revision petitioner has not represented it for a long time. THEre was a delay of 477 days in representing the appeal. THE contention of the Revision Petitioner that he had to travel to many places in connection with his business and that he could not contact his counsel is not substantiated by any material. No material had been produced showing that the Revision Petitioner was travelling several places.