JEBASUNDARI Vs. S THARMAR

JUDGEMENT

(1.) This revision is directed against the order dated 02.12.2009 passed in I.A.No.141 of 2009 in O.S.No.34 of 1992 on the file of the learned District Munsif Court, Kovilpatti, dismissing the petition filed by the petitioners under Section 5 of the Limitation Act to condone the delay of 2170 days in filing the petition to restore the suit, which was dismissed for default on 12.03.2003.

(2.) The first petitioner, who is the wife of the third plaintiff, filed an affidavit in support of petition being I.A.No.141 of 2009 alleging that she is filing the affidavit for herself and other petitioners, who are her children. Her father-in-law had filed the suit in the capacity of Managing Director of A.K.Swarnam Theatre, a registered partnership firm. During the pendency of the suit, her father-in-law died and his legal heirs were added as plaintiffs in the suit. Her husband K.Antony Albin Gilton was arrayed third plaintiff in the suit. As eldest member of the family, her husband was following up the suit proceedings. It is alleged that during the year 2003, her husband was suffering from ailment and was taking treatment. Suddenly on 19.4.2006 her husband died due to heart attack.

(3.) According to the first petitioner, during August, 2007, when she met the counsel for some other consultation, she was informed that the suit was dismissed for default on 12.03.2003 stating that despite letters written to them, they have not turned up to proceed with the suit. According to the petitioners, after her husband fell sick, they shifted their residence to Thoothukudi and letters written by the counsel were not received. Therefore, a delay of 2170 days occurred in filing the petition to restore the suit. The delay is neither wilful nor wanton. If the suit is not restored, they will be put to irreparable loss and hardship.