VELU NAMBIAR Vs. MUTHTHAMMAL

JUDGEMENT

(1.) This civil revision is filed against the fair and decreetal order dated 08.11.2004 and made in I.A. No. 1472 of 2003 in O.S. No. 140 of 2001 on the file of the Principal District Munsif Court, Ambasamudram, dismissing the application filed by the petitioner under Sec. 5 of the Limitation Act to condone the delay of 708 days in filing the petition to set aside the ex -parte decree, dated 12.10.2001.

(2.) Heard the learned counsel appearing for the petitioner and perused the materials available on record. On the side of the respondent, no body has been appeared, even though the respondent's name is printed in the cause list.

(3.) The learned counsel appearing for the petitioner would contend that the suit in O.S. No. 140 of 2001 was filed by the respondent/plaintiff before the Principal District Munsif Court, Ambasamudram. The said suit was posted on 12.10.2001. Since, on 12.10.2001, the petitioner along with family members went to Chennai to attend the condolence of their relative, he was not able to attend the Court and met his counsel. Hence, the trial Court passed the ex -parte decree. Thereafter, the petitioner filed an application in I.A.1472 of 2003 in O.S. No. 140 of 2001 before the trial Court to condone the delay of 708 days in filing the application to set aside the ex -parte decree passed on 12.10.2001.