T N NATESAN Vs. K APPAVOO

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decreetal order dated 13.10.2014 made in I.A.No.949 of 2012 in O.S.No.66 of 2010 on the file of the Sub-Court, Tiruchengode.

(2.) The respondent herein as a plaintiff filed a suit in O.S.No.66 of 2010 for recovery of money due on promissory note stating that the revision petitioner herein has borrowed a sum of Rs.2,00,000/- on 14.12.2009 and since he did not repay the same, the plaintiff after issuance of notice, filed the suit. The suit was decreed exparte on 05.01.2011 for non filing of written statement. So the revision petitioner/defendant has come forward with an application in I.A.No.949 of 2012 under Section 5 of Limitation Act to condone the delay of 649 days in filing the application to set aside the exparte decree passed against him on 05.01.2011 stating after receipt of notice in R.E.P.No.36 of 2011, he appeared through his counsel on 21.10.2011. At that time only, he came to know that since written statement was not filed, the suit was decreed exparte. Under such circumstances, there is enormous delay in filing this application to set aside the exparte decree. The trial Court, after hearing both sides, dismissed the application, against which, the present revision has been preferred by the defendant.

(3.) At the time of admission, argument of the learned counsel for the revision petitioner is heard in length.