RAMASAMY Vs. MARIAPPAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order and decree passed in I.A. No.297/05 in O.S. No.105 of 1999 on the file of the District Munsif Court, Nilakottai.

(2.) The case of the petitioner is that the petitioner after obtaining preliminary decree in O.S. No.105 of 1999 on the file of the District Munsif Court, Nilakottai, had failed to file a petition for final decree within a period of three years from the date of such preliminary decree which resulted in dismissing the interlocutory petition. Challenging the legality of the same, the petitioner is before this Court.

(3.) The petitioner has averred that he has gone to Kerala to eke out his livelihood and therefore, there was a delay of 475 days in filing a petition for final decree, which is neither wilful nor wanton but bona fide reasons stated in the petition. In support of his contention, learned Counsel for the petitioner has relied on a judgment reported in 1976(1) MLJ 385, Sivan Pillai and Anbayyan and Others.