GOVINDARAJ Vs. RAVI

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A.No.1434 of 2013 in O.S.No.41 of 2006 on the file of the District Munsif Court, Chengalpattu, the plaintiff has filed the above Civil Revision Petition.

(2.) The plaintiff filed the suit in O.S.No.41 of 2006 for partition and separate possession.

(3.) Since the 3rd defendant remained absent before the trial Court, the trial Court passed an exparte preliminary decree. Thereafter, the Power Agent of the 3rd defendant filed an application in I.A.No.1434 of 2013 to condone the delay of 317 days in filing the petition to set aside the exparte decree dated 25.06.2012. In the affidavit filed in support of the petition, the Power Agent of the 3rd defendant has not stated any reason for condoning the delay of 317 days in filing the petition to set aside the exparte preliminary decree. In spite of stating no reason for condoning the delay, the trial Court was very liberal in condoning the delay on payment of costs of Rs.1,000.00.