RANGANATHA IYENGAR Vs. THANGARASU

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the Order and Decreetal Order, dated 08. 02. 2006 made in I. A. No. 133 of 2004 in O. S. No. 574 of 1987 on the file of the District Munsif Court, Panruti.

(2.) THE revision petitioner herein is the defendant before the trial court. The respondent herein filed the suit against the revision petitioner and another, seeking partition and separate possession of the plaint schedule mentioned property. Due to the non-appearance of the petitioner herein, he was set exparte by the court below and exparte preliminary decree was also passed. Pursuant to the exparte decree, the respondent herein filed final decree application before the court below. Aggrieved by the exparte preliminary decree, the revision petitioner / D2 filed an application under Order IX Rule 13 CPC to set aside the exparte decree along with the application under Section 5 of the Limitation Act to condone the delay of 532 days in filing the application to set aside the exparte decree, the same was dismissed by the court below. Aggrieved by which, this Civil Revision Petition has been preferred.

(3.) ACCORDING to the petitioner, on 01. 04. 2002, his counsel has reported no instructions, hence, he was called absent and set exparte and the exparte decree was passed on 01. 04. 2002. He has further stated that he was working at Tirumala-Tirupathi Devasthanam and also could not attend his work regularly, as he had fallen ill. According to him, he suffered high fever, which later resulted into jaundice in virulant form. Hence, he was bed ridden for over 1? years.