PARVATHY Vs. MUNIRAJ

JUDGEMENT

(1.) THIS revision has arisen from an order of the District Munsiff cum Judicial Magistrate, Pennagaram, made in I. A. No. 38 of 2004 seeking condonation of delay of 1669 days in making an application to set aside an ex-parte order passed against the revision petitioner/defendant.

(2.) IT is not in controversy that the suit was originally taken on file at Dharmapuri and subsequently, transferred to Pennagaram and assigned as O. S. No. 255/99. IT is pertinent to point out that after the ex-parte order was passed on 26. 7. 1999, E. P. was filed in 2002. In the execution proceedings, the same Counsel for the defendant appeared and sought for time on number of occasions. After a period of two years there from, the application was filed in 2004 seeking to set aside the ex-parte order passed in 1999, and that too on the ground that the transfer of the proceedings was not known to the plaintiff, which was nothing but an utter falsehood. IT is pertinent to point out that the same Counsel who appeared for the party, continued to appear in the execution proceedings. The execution proceedings was also pending for a period of two years.