TMT. JAYALAKSHMI Vs. HOTEL SIVAPRIYA AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 13 August, 2010 in I.A. No. 170 of 2010, whereby and whereunder, the learned Subordinate Judge, dismissed the application to condone the delay of 163 days in filing the application to restore I.A. No. 533 of 2008, which was dismissed for default.

(2.) THE suit in O.S. No. 54 of 2005 was filed by the petitioner before the Sub Court, Palani. The suit was contested by the respondents.

(3.) THE petitioner filed an application in I.A. No. 533 of 2008 to set aside the order dismissing the suit for non -prosecution. The application was dismissed for default. Thereafter, the petitioner filed I.A. No. 170 of 2010 to set aside the order in I.A. No. 533 of 2008, after condoning the delay of 163 days. The learned Trial Judge declined to entertain the application on the ground that the petitioner has not produced documents to substantiate the reasons for delay. The order dated 13 August, 2010, is under challenge in this Civil Revision Petition.