KARUPPUSAMY Vs. SHANMUGA SUNDARAM

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order, dated 10.01.2008 made in I.A.No.1014 of 2007 in O.S.No.43 of 2005 on the file of the court of District Munsif, Kangeyam.

(2.) IT is seen that the aforesaid Interlocutory Application was filed by the revision petitioner/defendant under Section 5 of Limitation Act to condone the delay of 222 days in filing the petition to set aside the exparte decree, dated 27.10.2006.

(3.) FROM the records available on record and the arguments advanced by both the learned counsel, I am of the view that there is no error on the part of the Court below in dismissing the petition, since the petitioner has not satisfactorily explained the delay of 222 days in filing the petition to set aside the exparte decree. It is not in dispute that on 08.02.2007, the petitioner appeared before he Executing Court though counsel, however, he had chosen to file the petition under Section 5 of Limitation Act, only on 05.07.2007. However, in the interest of justice, I am of the view to pass a conditional order, directing the revision petitioner/judgment-debtor to deposit 50% of the decree amount with proportionate interest and costs within a reasonable time, so as to dispose the suit on merits within a time frame fixed by this Court, for which, there is no objection from the learned counsel appearing for the respondent/decree-holder, and accordingly, the conditional order is being passed.