KALAISELVI Vs. SATHARAM

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decreetal order dated 08.11.2016 made in I.A.No.1472 of 2014 in O.S.No.334 of 2007 on the file of the learned District Munsif, Perambalur.

(2.) The respondents as the plaintiffs filed a suit in O.S.No.334 of 2007 for partition and separate possession of 2/3rd share in the suit property. The first plaintiff is the wife of deceased Arumugam. The second plaintiff and the defendant are daughters of the said Arumugam. Since the petitioner/defendant has not filed the written statement in time, she was called absent and set exparte and that exparte preliminary decree has been passed on 02.11.2007. Thereafter, the petitioner/defendant has filed an application in I.A.No.1472 of 2014 to condone the delay of 2434 days in filing the petition to set aside the exparte decree. That application was dismissed, against which, the present revision is preferred by the defendant.

(3.) Learned counsel for the petitioner would submit that the defendant was suffering from jaundice and hence, she could not able to appear before the trial Court and file the written statement in time. Hence, there was a delay. Therefore, he prays for allowing the revision.