SAMI NADAR Vs. JOHNSON MOSES

JUDGEMENT

(1.) THE petitioner and his father filed a suit in O.S. No. 261 of 2008. The suit was dismissed for non -prosecution. The petitioner filed an application to restore the suit after condoning the delay of 1045 days. The application was dismissed by the learned Trial Judge. Feeling aggrieved, the petitioner is before this Court.

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

(3.) THE petitioner's father died in May, 2010. The petitioner was away at Bombay. He was not aware of the subsequent stages of the proceedings in O.S. No. 261 of 2008. The petitioner was not in a position to visit his village on account of a communal clash. After reaching normalcy, the petitioner visited the village during Deepavali. He was informed by his counsel, that the suit was dismissed for default on 02 December, 2010. The petitioner, thereafter, filed the application in I.A. No. 113 of 2014 to condone the delay.