SIVAGANGAI AND OTHERS Vs. ILAVARAASI AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 22.08.2014 made in I.A.No.632 of 2013 in O.S.No.49 of 2011 on the file of the Principal Subordinate Court, Villupuram.

(2.) The petitioners are defendants 1 and 3, first respondent is the plaintiff and the respondents 2 to 6 are the defendants 2, 4 to 7 in O.S.No.49 of 2011 on the file of the Principal Subordinate Court, Villupuram. The first respondent filed the said suit for partition of the suit property. The petitioners entered appearance through Advocate on 25.07.2011 and did not file written statement even after taking number of adjournments. The petitioners and 6th respondent were set exparte on 15.03.2012 and exparte decree was passed on 27.04.2012. The petitioners filed I.A.No.632 of 2013 to condone the delay of 388 days in filing the petition to set aside the exparte decree dated 27.04.2012. According to the petitioners, first petitioner is residing in Malaysia and she was searching for some important documents to file along with the written statement. In view of the same, the written statement was not filed in time. After coming to India from Malaysia, the petitioners filed application to set aside the exparte preliminary decree and present application to condone the delay in filing the application to set aside the exparte decree. They also filed written statement along with the said application.

(3.) The respondents filed counter affidavit and denied all the averments made by the petitioners. The first respondent contended that even after taking number of adjournments, the petitioners did not file written statement and the reason given by the petitioners for not filing the written statement is not valid and sufficient and prayed for dismissal of the application.