THIRUPATHI VENKATESAN Vs. JAGANATHAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order, dated 29.11.2007 passed in I.A.No.711 of 2007 in O.S.No.1129 of 2004 on the file of the District Munsif, Thirupur.

(2.) THE application in I.A.No.711 of 2007 had been filed by the petitioner / defendant under Section 5 of the Limitation Act to condone the delay of 646 days in filing the petition to set aside the exparte decree passed against the revision petitioner, which was dismissed by the court below.

(3.) ACCORDING to the learned counsel appearing for the revision petitioner, in the other suit, the petitioner appeared through his counsel and hence, he had no personal knowledge about the case filed against the petitioner and the exparte decree passed against him and therefore, the delay of 646 days is neither wilful nor wanton.