SELVARAJ Vs. RAMACHANDRAN

JUDGEMENT

(1.) THE order passed in I.A.No.3186 of 2004 in O.S.No.34 of 1994 on the file of the Principal District Munsif Court, Virudhachalam, is under challenge before this Court.

(2.) THE said IA was filed by the 3rd Defendant in O.S.No.34/2006 under Section 5 Limitation Act, to condone the delay in preferring an application to set aside the exparte preliminary Decree. Admittedly there was a delay of 1654 days in filing the said IA. THE reason for the delay, according to the 3rd Defendant, is that he was suffering from jaundice and he was treated by a native doctor and that is the reason why he could not file the petition to set aside the exparte Decree in time. THE said application has been vehemently opposed by the plaintiff in his counter. After hearing both the parties, the learned Principal District Munsif, Virudhachalam, has allowed the application imposing a cost of Rs.500/- to the 3rd Defendant. Since the plaintiff has not prepared to receive the cost, the same has been deposited before the Court. Aggrieved by the order of the learned Principal District Munsif, Virudhachalam, passed in I.A.No.3186/2004 in O.S.No.34/2005, this revision petition has been filed by the plaintiff.