K R ILAYAPPAN Vs. M PULIAPPAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 13.02.2018 made in I.A.No.236 of 2015 in O.S.No.Nil on the file of Sub Court, Tiruchengode.

(2.) The petitioners are the defendants 5 and 6, respondents 1 to 9 are the plaintiffs, respondents 10 and 11 are the defendants 1 and 2, 12th respondent is ninth defendant, 13th respondent is the 12th defendant, respondents 14 and 15 are the defendants 16 & 17 and respondents 16 & 17 are the defendants 19 & 20 in O.S.No.Nil of 2014 on the file of the Sub Court, Tiruchengode. The respondents 1 to 9 filed the said suit challenging the order dated 26.02014 passed by the Commissioner, H.R. and C.E. (Admin.) Chennai/10th respondent herein, in A.P.No.23/2012 D. The respondents 1 to 9 filed I.A.No.236 of 2015 in O.S.No.Nil of 2014 to condone the delay of 53 days in filing the suit against the order passed by the 10th respondent.

(3.) According to the respondents 1 to 9, the suit ought to have been filed within 90 days from the date of order i.e. on or before 08.07.2014. Fifth respondent is the only person looking after the proceedings and as he was suffering from jaundice and was taking country treatment, he could not contact his advocate to give instructions to file the suit. After he recovered from the illness, when he contacted his advocate, he was informed that there is a delay of 53 days in filing the suit. If the delay is not condoned, they will be put to irreparable loss and hardship.