MUTHURAKKUAMMAL Vs. PONNUSAMY

JUDGEMENT

(1.) THIS Civil Revision Petition is focussed to get set aside the order dated 27. 10. 2005 in I. A. No. 535 of 2004 in O. S. No. 21 of 2002 on the file of the learned district Munsif Court, Sivaganga.

(2.) HEARD both sides.

(3.) THE facts giving rise to the filing of this petition as stood exposited from the records would run thus: o. S. No. 21 of 2002 was filed by the revision petitioner herein before the district Munsif Court, Sivaganga for recovery of money based on promissory note allegedly executed by the respondent herein in favour of the petitioner herein. The trial Court decreed the suit exparte on the ground that despite notice was served in person on the defendant, he had not chosen to appear. Whereas the defendant/respondent herein subsequently on receipt of E. P. Notice, filed I. A. No. 535 of 2004 for getting the delay of 764 days condoned in filing the application to get set aside the exparte decree. No counter was filed in that petition. However both sides adduced evidence during enquiry in that I. A. . The trial Court condoned the delay of 764 days by giving a finding that there was some malpractice involved in allegedly serving the notice on the respondent. But the trial Court gave a finding that in that postal acknowledgement card there was a slip pasted bearing the address as under:. . (VERNACULAR MATTER OMMITED ). .