SIVAGAMI Vs. RAMACHANDRAN

JUDGEMENT

(1.) The petitioner has filed a suit in O.S.No.307 of 2008 before the Sub Court, Cuddalore, Rasipuram. The suit is for specific performance. The aforesaid suit was posted for cross examination of PW1. From 24.03.2010 onwards, due to the severe viral fever, the petitioner was bedridden and hence, the petitioner could not appear before the Sub Court, Cuddalore on 12.04.2010. On that date, the suit was dismissed for default for the absence of the petitioner.

(2.) According to the petitioner, the aforesaid suit was dismissed, due to the aforesaid falsified reason. A counter statement has been filed by the respondent. Further, the petitioner has filed a Medical Certificate in support of her contention as Ex.P2, which says that the petitioner was advised to take bed rest for 10 days from 22.08.2012 and the prescription dated 06.04.2010 issued by the Doctor was also marked before the Court below.

(3.) The learned counsel for the respondent has contended that the petitioner, who is an accused in STC.No.313 of 2010 on the file of Judicial Magistrate Court, Rasipuram, has appeared before the learned Judicial Magistrate, Rasipuram, on 12.04.2010 and received the copies of the said case on that day.