Y A AJIT Vs. SOFANA AJIT

JUDGEMENT

(1.) CHALLENGE is made to an order of the II Additional Judge, Family Court, Madras, in I. A. No. 953 of 2006 seeking condonation of delay of 277 days in making an application to set aside an ex-parte decree in O. S. No. 31/2001, a suit for recovery of maintenance by the respondents who are the wife and minor daughter of the petitioner respectively.

(2.) THE Court heard the learned Counsel for the petitioner.

(3.) FROM the available materials and the submissions made by the learned Counsel for the petitioner, it would be quite evident that the said suit for recovery of maintenance was filed in the year 2001 and was taken on file in O. S. No. 31 of 2001. The revision petitioner herein namely the husband, appeared before the Court through the Counsel and filed the written statement. The matter was posted for trial, after the framing of necessary issues. On the day when the matter was posted for trial, he did not appear before the Court, and hence, an ex-parte decree came to be passed on 26. 4. 2005. While making an application to set aside the same, there was a delay of 277 days. In order to condone the said delay, the instant application was filed alleging that he had no knowledge about the passing of the ex-parte decree; that he came to know about the same only after service of the notice in the E. P. ; that he immediately filed an application to set aside the ex-parte decree; that the delay that occasioned, was 277 days; that during the said period, he was facing trial in a Sessions Case before the Sessions Court at Nagercoil and also suffering from jaundice, and under the circumstances, he could not appear before the Court in time, and hence, the delay was to be condoned. The lower Court, after hearing the contentions put forth by the opposite party by way of a counter, allowed the application on condition of the petitioner making a deposit of Rs. 3,06,000/ -. Aggrieved over the said condition, the petitioner has brought forth this revision.