S PANCHATCHARAM Vs. S SAMBANDHA MUDHALIAR

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order dated, 14.11.2007 made in I.A.No.1166 of 2007 in O.S.No.218 of 1999 on the file of the District Munsif Court, Tambaram.

(2.) IT is not in dispute that the revision petitioner / plaintiff had filed the suit, seeking bare injunction restraining the first respondent herein from alienating the property to the second respondent or any other person. Subsequently, the suit was dismissed for non-prosecution. There is a delay of 1657 days in filing a petition to set aside the order of dismissal and to restore the suit. The trial Court, considering the facts and circumstances dismissed the petition, as there is no merits.

(3.) ACCORDING to the learned counsel for the revision petitioner, the inordinate delay of 1657 days was caused only due to the default of the lower court counsel, for which he cited the following decisions : 1. Muthammal vs. Gurunathan, 1999 (1) CTC 73 2. Balakrishnan vs. Krishnamurthy, 1999 (1) MLJ (SC) 114