P. SUBRAMANIAM Vs. S. SASIKUMAR

JUDGEMENT

(1.) Challenging the the fair and final order passed in I.A.No.392 of 2013 in A.S.No.63 of 2009 on the file of V Additional District and Sessions Court, Coimbatore, the defendant in the suit in O.S.No.755 of 2006 on the file of III Additional Sessions Court, Coimbatore, has filed the above Civil Revision Petition..

(2.) The respondent/plaintiff filed a suit in O.S.No.755 of 2006 for recovery of money. After contest, the trial Court decreed the suit. Aggrieved over the same, the defendant filed an appeal in A.S.No.63 of 2009 on the file of V Additional District and Sessions Court, Coimbatore.

(3.) When the lower appellate Court posted the matter for hearing on 06.09.2011, since the defendant-appellant failed to appear, the lower appellate Court dismissed the appeal for non-prosecution. Thereafter, the defendant filed an application in I.A.No.392 of 2013 to condone the delay of 632 days in filing the application to restore the appeal, which was dismissed for default on 06.09.2011.