VALARMATHI Vs. ANANDAN

JUDGEMENT

(1.) Challenging the judgment and decree passed in I.A.No.540 of 2013 in A.S.S.R.No.2991 of 2013 on the file of the Principal District Court, Kancheepuram at Chengalpattu, the legal representatives of the 4th defendant, Seppan in O.S.No.3 of 1996 on the file of the Principal Sub Judge, Chengalpattu have filed the above Civil Revision Petition.

(2.) The respondents are the plaintiffs 3 & 4. The plaintiffs 1 & 2 had died after the passing of preliminary decree and their legal representatives were brought on record in the final decree proceedings in I.A.No.538 of 2004. Though they were impleaded in the final decree application, the petitioners have not made them as parties in the Civil Revision Petition.

(3.) Since the defendants remained absent before the trial Court, the trial Court passed an exparte preliminary decree. Thereafter, the legal representatives of the deceased 4th defendant filed an Appeal as against the preliminary decree with an application in I.A.No.540 of 2013 to condone the delay of 343 days in filing the Appeal. In the affidavit filed in support of the petition, the revision petitioners have stated that they came to know about the passing of the preliminary decree only when they received notice from the Court on an application filed by the respondents to implead the petitioners as the legal heirs of the deceased 4th defendant in the final decree application. The petitioners also entered appearance in the final decree application on 09.04.2012. According to the petitioners, thereafter, they applied for the certified copies of the judgment and decree. Hence, there is a delay of 343 days in preferring an Appeal from the date of knowledge of the exparte decree.