MANICKAM Vs. PONNUSAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 24.11.2012 made in I.A.No.1797 of 2009 in O.S.No.587 of 2003 on the file of the Principal District Munsif Court, Salem.

(2.) The petitioner is defendant and respondent is plaintiff in O.S.No.587 of 2003 on the file of the Principal District Munsif Court, Salem. The respondent filed the said suit for permanent injunction restraining the petitioner from interfering with his peaceful possession and enjoyment of the suit property. An exparte decree was passed on 30.12.2003. The petitioner filed I.A.No.1797 of 2009 under Section 5(1) of the Limitation Act to condone the delay of 1800 days in filing the petition to set aside the exparte decree. According to the petitioner, he filed O.S.No.1164 of 2007 against the respondent and two others for declaration and injunction. In the said suit, the respondent filed written statement on 18.12.2007 stating that he filed present suit O.S.No.587 of 2003 against the petitioner and obtained exparte decree. No summon was served on the petitioner in the present suit. The petitioner engaged one A.Janarthanam, Advocate, Salem and filed caveat. The said Advocate took notice and did not inform the petitioner. The said Advocate died on 08.03.2007. In view of the same, he could not get any information with regard to the suit.

(3.) The respondent filed counter affidavit and contended that the petitioner was aware of the suit proceedings. The suit summon was served on the petitioner and the same can be verified from the Court records. Suppressing the present suit, the petitioner filed O.S.No.1164 of 2007. The petitioner engaged Senior Advocate, Salem and entered appearance in the present suit. It is not correct to state that no summon was served on the petitioner.