ARUMUGHAM Vs. CHITTHIVINAYAGAM

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the judgment dated 11.10.2006 passed in CMA No.17 of 2003 on the file of the learned Principal District Court, Villupuram confirming the decree dated 28.11.2002 passed in I.A.No.791 of 2002 in O.S.No.177 of 1998 on the file of the learned II Additional Sub Judge, Villupuram.

(2.) THE petitioner is the sixth defendant in O.S.No.177 of 1998 on the file of the learned II Additional Sub Judge, Villupuram. On account of his non-filing of written statement, on 27.11.2001 the case was decreed ex parte. He filed an application before the said Court to set aside the ex parte decree passed against him by adducing the reason that he could not file the written statement because of non-availability of important document, which was necessary to prove his case.

(3.) AS far as the reason for non-filing of the written statement is concerned, the Court has to take a lenient view, of course subject to the circumstances of the case. This Court finds it appropriate to afford one more opportunity to the petitioner for filing the written statement. Whatever be the reason, imposing of some cost on the petitioner may be a reasonable order.