S A RASAK Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) THIS revision is preferred against the Judgment and decree of the I Assistant City Civil Judge, passed in I. A. No. 5040/2000 in I. A. No. 18159/1999 in O. S. S. R. No. 16052/ 1996 dated 24. 7. 2001, allowing the petition filed under Or. 9 R. 9 and restoring the unnumbered suit in SR. No. 16052/ 1996.

(2.) THE Respondent/plaintiff is Indian Overseas Bank, Kodambakkam Branch. The Plaintiff Bank has filed the suit for recovery of Rs. 7,94,668/- with further interest at the rate of 25. 75% and cost. The suit was filed in the High Court on the Original Side. Later, when the jurisdiction of the City Civil Court was enhanced, the plaint was re-presented in that Court. The plaint was returned for rectification of certain defects. Defects were not rectified and re-presented within the stipulated time. There was a delay of 1199 days in re-presentation.

(3.) I. A. NO. 18159/2000 was filed to condone the delay of 1199 days. The application was posted for hearing on 16. 11. 1999. Due to non-appearance on 16. 11. 1999, I. A. 18159/2000 was dismissed for default.