MANUEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Civil Revision Petition has been filed against the order passed by the Subordinate Judge, Padmanabhapuram made in I.A.No.176 of 2004 in A.S.S.R.No.5385 of 2004 dated 12.04.2005.

(2.) THE brief facts of the case are as follows: Originally, the petitioner had filed O.S.No.234 of 1993 on the file of the Additional District Munsif Court, Padmanabhapuram against the respondents herein for declaration of title and for permanent injunction and other reliefs with reference to the suit schedule properties. THE said suit was decreed with costs on 21.04.1997.

(3.) THE main contention of the learned counsel for the petitioner is that, no notice was served on him as required under Order 5 of C.P.C., and there is a violation of Order 5 Rules 17, 19 and 20 of C.P.C., and thus the order of the learned Subordinate Judge setting the petitioner as exparte is not legal. THE further contention of the learned counsel for the petitioner is that, the lower Court has condoned the delay, though there has been no satisfactory explanation offered by the respondents for the delay.