SUBRAMANIAN Vs. SUNDARAMOORTHY ASARI & ORS.

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order dated 14.12.2015 passed in I.A.No.1398 of 2015 in O.S.No.201 of 2009 on the file of Principal District Munsif Court, Ulundurpet dismissing to condone the delay of 356 days in filing restoration petition.

(2.) According to the petitioner/plaintiff, the petitioner/plaintiff filed the suit for declaration and permanent injunction. The aforesaid suit was dismissed for default. The petitioner was not appeared before the Court below on 14.12.2015. Subsequently the petitioner filed I.A.No.670 of 2012 for restoration of the suit and the same has been allowed. The said suit was dismissed for non-prosecution. Therefore, the petitioner has filed a petition in I.A.No.1398 of 2015 for restoration of the suit along with petition to condone the delay of 356 days in filing restoration petition. In the aforesaid suit the petitioner stated that he was suffered from jaundice and gone to Kerala for taking siddha treatment and he was absent, without considering the reasons stated in the affidavit, dismissed the instant application. Hence, prays this Court to set aside the order passed by the Court below.

(3.) In the counter statement filed by the respondents before the Court below by stating that, the reasons stated in the affidavit is false and vexatious. After hearing both the parties, the Court below has dismissed the application. Hence, the present Civil Revision Petition has been filed before this Court. The learned counsel appearing for the respondent further submitted that the Court below has rightly dismissed the application, when the petitioner has not stated sufficient reasons in the affidavit, to condone the delay of 356 days in filing restoration petition. Therefore, the Civil Revision Petition is liable to be dismissed.