CELINE PUSHPARAJ Vs. FEFFI BAI

JUDGEMENT

(1.) CHALLENGE is made to the order of dismissal of the learned District Munsif, Alandur made in I.A.No.360 of 2006 whereby the delay of 129 days was sought to be condoned in making the application to set aside the exparte decree in O.S.No.764 of2004.

(2.) HEARD the learned counsel on either side.

(3.) LEARNED counsel for the respondent would submit that the respondent has entered appearance on 5.11.2004 through counsel and the matter was adjourned to 17.6.2005 and it was finally adjourned for filing written statement and it was not filed on the said date and again it was posted on 29.7.2005 and since the written statement was not filed , an exparte decree came to be passed on the said date. Now, the counsel would submit that except the fact that the counsel was away at Vellore for taking treatment, nothing was averred in the affidavit filed in support of the petition. The petitioner has filed two affidavits giving two different statements as to the delay caused. Under such circumstances, it is deliberate and delaying tactics and hence the application was filed after time. Hence, the application must be dismissed.