M. BALAN Vs. M. KUMARESAN

JUDGEMENT

(1.) THIS civil revision petition arises out of the order dated 10.12.2014 passed by the Additional District Munsif, Vellore, in I.A. No. 790 of 2014 in O.S. No. 676 of 2006.

(2.) THE petitioner is the defendant in O.S. No. 676 of 2006 filed by the respondent for recovery of a sum of Rs. 55,725/ - based on the Promissory Note dated 20.02.2006.

(3.) THE petitioner received summons in the suit and also entered appearance through an advocate. However, for non -filing of the Written Statement, the petitioner was set ex parte and an ex parte decree was passed on 18.09.2008. Based on the decree, the plaintiff laid an Execution Petition in E.P. No. 17/2014. The petitioner received notice in the execution petition and entered appearance through his advocate on 07.03.2014 and after filing his counter on 06.06.2014, he chose to file this application on 17.06.2014 to condone the delay of 2081 days in filing the application to set aside the ex parte decree.