P THANGAVELU THEVAR Vs. AVUDAIPARVATHI

JUDGEMENT

(1.) This civil miscellaneous petition has been filed to condone the delay of 144 days in preferring the civil revision petition.

(2.) It is found that the first respondent had instituted the suit for partition, in O.S.No.39 of 2010, on the file of the Subordinate Court, Virudhunagar. It is further found that the petitioner / first defendant had been set ex parte in the suit and accordingly, a preliminary decree had come to be passed in the suit on 30.04.2013. According to the petitioner / first defendant, on account of his illness and old age, he was unable to file necessary application to set aside the ex parte decree passed against him in time. Therefore, he had also preferred an application to condone the delay of 454 days in filing the application to set aside the said ex parte decree.

(3.) The reason given by the petitioner for the delay in filing the civil revision petition is that he had requested his counsel to apply for the certified copy of the fair and decreetal orders of the Court below so as to enable him to prefer the civil revision petition immediately, but according to him, his counsel by oversight did not make the necessary application immediately and only when he had met his counsel on 16.09.2016, the said fact had come to his knowledge and accordingly, thereafter, made necessary arrangements to file the copy application for obtainment of the fair and decreetal orders and hence, the delay had occurred in filing the civil revision petition.