SANKARANARAYANAN Vs. PONNUSAMY

JUDGEMENT

(1.) THE respondent filed a suit for partition against the petitioner and others. The suit was decreed ex -parte. Thereafter, the respondent filed a final decree application. The petitioner, on receipt of notice in the final decree application, filed an application in I.A. No. 1056 of 2006 to set aside the ex -parte final decree. Thereafter, the petitioner filed I.A. No. 778 of 2010 to set aside the ex -parte preliminary decree. The application was filed with a delay of 1811 days. The application was dismissed by the Trial Court. The petitioner is, therefore, before this Court.

(2.) HEARD the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent.

(3.) THE learned Trial Judge considered the reasons given for the delay and opined that the petitioner has not made out a case for condoning the delay.