MUNUSAMY (DECEASED) AND OTHERS Vs. JAGADESAN

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the order dated 12.07.2010 passed by the learned Principal District Munsif, Gingee, in I.A.No.80 of 2008 in O.S.No.368 of 1996, in and by which, the learned Judge has dismissed the petition filed by the petitioners to condone the delay of 1001 days in representing the petition to set aside the ex parte decree.

(2.) On perusal of the records, it appears that the respondent herein had filed a suit O.S.No.368 of 1996 against the petitioners herein and one Alamelammal and Elumalai, for a Partition and separate possession of their half share in the suit schedule properties.

(3.) On 13.10.1999, an ex parte decree was passed since the defendants/petitioners herein had failed to file their Written Statement. It is seen from the records that on 15.10.1999, the petitioners had taken out an application to set aside the ex parte decree through an Advocate Mr.C.Venugopal. He informed them that they could come when he informed them about the date of hearing. It appears that this petition was returned which fact was not known to the petitioners, for want of written statement. It was just two days prior to the filing of the impugned application that the respondent had announced in the Village that they had won the case. Thereafter, the petitioners through their counsel Krishnamurthy made enquiries in the Court where he came to know that the petition was returned for want of written statement. Meanwhile, the earlier counsel Mr.C.Venugopal had died and therefore, the present counsel took the return of the papers and re-presented the same on 28.04.2003 with the delay of 1001 days. The petitioners had filed the petition to condone the delay of 1001 days and in the affidavit filed in support of the petition, they had narrated the facts and the reasons for the delay.