RENGANATHAN AND SUNDARI Vs. KANNUSAMY

JUDGEMENT

(1.) The petitioners are defendants in O.S. No. 243 of 2004, on the file of the District Munsif Court, Manapparai. The respondent filed the suit for recovery of money of Rs. 77,595/- on the strength of a Promissory Note. On account of the non-filing of the written statement, both of them were set exparte on 01.10.2004. In the affidavit, they have stated that on 08.10.2004, they filed an application to set aside the exparte decree, which was assigned S.R.No.343. However, the petition was not taken by the Court on file and hence they did not know about the result of the matter. Further on 01.10.2004, the first petitioner, an Army man not in headquarters, was recalled by his superior Officers for duty and hence he was away to his headquarters and his wife alone is in the house, who also fell ill and hence she was unable to pursue the matter, resulting in non-filing of the written statement, hence an exparte decree was passed against the first petitioner. It is further submitted that even though an application was filed within the time, it could not be traced out in the Advocate's Office which got mingled with other case bundles. So, a delay of 943 days in filing the petition to set aside the exparte decree has been caused and the court may condone the delay.

(2.) The petition was resisted by the plaintiff in his counter by denying the allegations in the affidavit. Inspite of granting sufficient opportunities to these defendants, they did not utilise the opportunity and failed to file a written statement in time. There is no sufficient cause shown by the petitioners for condoning the delay of 943 days and hence the delay cannot be condoned.

(3.) The learned District Munsif, Manapparai dismissed the application, by stating that the delay has not been explained to the satisfaction of the court and that even though they were afforded with ample opportunities to file their written statement on various hearings, they have miserably failed to file the same.