S KUPPAMMAL Vs. A G KANNUSAMI

JUDGEMENT

(1.) THE above revision is directed against the order of the learned Subordinate Judge, Tirupur dated 23.03.2005 made in I.A.No.1143 of 2002 in O.S.No.58 of 2000, in and by which the learned Judge condoned the delay of 803 days in filing a petition to set aside the abatement caused due to the death of the defendant.

(2.) HEARD the learned counsel for the petitioners as well as for the respondent.

(3.) IT is clear from the above decision that if the explanation is not a part of dilatory strategy, it is the duty of the Court to show utmost consideration to the suiter. Taking note of the above principle and of the details available in para 6 of the order of the learned Subordinate Judge, who after satisfying himself that an opportunity should be given to the petitioner/plaintiff to pursue his suit, exercised his discretion. In the absence of any other material, I am not inclined to interfere with the said order, more particularly in the light of the claim made in the suit. Consequently, the civil revision petition fails and the same is dismissed. No costs. Connected CMP., is closed.