G JAYARAMAN Vs. DEVARAJAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 12.04.2006 passed by the Additional District Munsif, Kanchipuram in I.A.No.71 of 2006 in O.S.No.204 of 1998, condoning the delay of 563 days in filing the Petition to set aside the exparte decree on payment of costs of Rs.750/-. The Plaintiff is the Revision Petitioner.

(2.) BRIEF facts are as follows:- Revision Petitioner/Plaintiff has filed the Suit against the Respondent/Defendant in O.S.No.204 of 1998 on the file of District Munsif Court, Kancheepuram for recovery of a sum of Rs.68,800/-. Suit summons served to the Defendant and suit was posted for appearance of the Defendant on 20.11.1998. On 20.11.1998, the Defendant was set exparte. The Respondent/Defendant had filed I.A.No.858 of 1998 under O.9 R.7 C.P.C to set aside the exparte order and the same was allowed on 27.11.1998. The Suit was posted for filing of the Written Statement on various dates from 27.11.1998 to 30.06.2003. Since the Defendant has not filed the Written Statement for nearly four years, on 30.06.2003, exparte decree was passed.

(3.) SUBMITTING that the Respondent/Defendant is a Government servant and was transferred from one place to another and hence, he could not contest the matter, learned counsel for the Respondent has submitted that with a view to afford opportunity to the Respondent / Defendant and to do substantial justice the Court below has rightly condoned the delay and there is no reason calling for interference.