PARTHASARATHY Vs. G CHANDRASEKARAN

JUDGEMENT

(1.) THE Civil Revision Petition is filed by the revision petitioner/second respondent/second defendant as against the docket order dated 09.04.2002 in I.A.No.458 of 2002 in O.S.No.116 of 2002 passed by the learned Additional Sub Judge, Puducherry.

(2.) THE first respondent/petitioner/plaintiff has filed I.A.No.458 of 2002 inter alia stating that the suit in O.S.No.116 of 2002 was returned by the trial Court on 25.09.2001 for complying with certain defects and granted time till 12.10.2001 for representation and that since he was suffering from viral fever and bedridden, he could not pay the deficit Court fee and the necessary stamp papers were also not available and hence the delay of 174 days in representing the plaint and that the said delay was neither wilful nor wanton but beyond his control and has prayed for an order to condone the said delay of 174 days in representing the plaint. THE Trial Court on 9.4.2002 has passed a docket order in I.A.No.458 of 2002 in O.S.No.116 of 2002 as "delay condoned".

(3.) FURTHER, the trial Court is directed to issue notice to the other side viz., the revision petitioner/2nd respondent/2nd defendant and another, who are contesting the suit. After providing due opportunities to both the parties, learned trial Judge is directed to dispose of the I.A.No.458 of 2002 in O.S.No.116 of 2002 after looking into the contents of the counter if any filed, in the manner known to law, at an early date.