KRISHNAN Vs. ABRAHAM SAMARENDRANATHA SARCAR; VENKATARAMANI

JUDGEMENT

(1.) Challenging the fair and decreetal order passed in I.A.No.16 of 2013 in O.S.No.1087 of 2009 on the file of the District Munsif Court, Katpadi, the 1st defendant has filed the above Civil Revision Petition.

(2.) The plaintiff filed the suit in O.S.No.1087 of 2009 for permanent injunction.

(3.) The 1st defendant filed his written statement and was contesting the suit. On 13.09.2011 since the plaintiff failed to appear before the trial Court, the trial Court dismissed the suit for default. Thereafter, the plaintiff filed an application in I.A.No.16 of 2013 to condone the delay of 387 days in filing the petition to restore the suit which was dismissed for default on 13.09.2011. In the affidavit filed in support of the petition, the plaintiff has stated that he was suffering from jaundice and that he was searching for some vital documents to be produced before the trial Court at the time of trial. The averment stated in the affidavit filed in support of the petition was disputed by the defendants. However, the trial court accepted the reasoning given by the plaintiff in the affidavit filed in support of the petition to restore the suit.