RAMAYEE Vs. PALANIAMMAL

JUDGEMENT

(1.) THE revision petitioners are the defendants in O. S. No. 338 of 1995 on the file of the First Additional District Munsif Court, Bhavani. The respondent herein is the plaintiff in the suit.

(2.) THE respondent/plaintiff has filed I. A. No. 231 of 2003 before the Trial Court under Section 5 of the Limitation Act, praying to condone the delay of 971 days in filing the application to set aside the dismissal order of suit dated 08. 12. 1998 for default. The Trial Court has allowed the I. A. No. 231 of 2003 in O. S. No. 338 of 1995 on 15. 09. 2003 assigning the reason that no counter was filed and that respondents were called in Court and they remained absent.

(3.) THE learned counsel for the revision petitioners/defendants contended that the Trial Court has not given adequate opportunity to the petitioners herein to file their counter and inspite of the request made by the learned counsel for the petitioners herein, no adjournment was granted and therefore, the order passed by the learned First Additional District Munsif, Bhavani suffers from material irregularity and to be interfered with by order of this Court.