S VASANTHA Vs. P PACKRISAMY

JUDGEMENT

(1.) THE petitioners before this Court are plaintiffs in O. S. No. 86 of 2005 on the file of the District Munsif, Tiruvarur. The respondent is defendant in the said suit.

(2.) ON account of non-filing of written statement by the respondent on 15. 9. 2005 he was called in the Court and was set ex-parte. He filed an application along with petition to condone the delay of 111 days under Section 5 of the Limitation Act. In the affidavit he has alleged that since he was suffering from jaundice during the relevant period, he could not contact his advocate and after recovery from the illness he came to know from his advocate about the stage of the case and then he filed the application.

(3.) IN the counter, the above said allegations are denied and it is prayed that the petition to be dismissed.