V. SRINIVASAGAM Vs. VANNIYA COMMUNITY DEVELOPMENT TRUST

JUDGEMENT

(1.) THIS civil revision petition has been filed against the order passed by the learned IV Assistant Judge, City Civil Court, Chennai, passed in I.A. No. 1569 of 2010 in O.S. No. 9458 of 2006, to condone the delay of 253 days in filing the application to set aside the ex -parte decree.

(2.) THE respondent herein has filed a suit against the petitioner for recovery of vacant possession of the property and for other reliefs. The petitioner herein did not file the written statement and thus, he was set ex -parte. When the matter was posted for recording ex -parte evidence, the petitioner filed an application to set aside the ex -parte order along with a petition to condone delay, but the same was returned on 29.08.2008 for certain compliance.

(3.) IN support of the said averment learned counsel appearing for the petitioner would submit that there was no negligence on the part of the petitioner and it is only due to the above said reasons, the delay had occurred.