GNANAPRAKASAM Vs. GANAPATHY

JUDGEMENT

(1.) The petitioners herein are the defendants in a suit for partition. The first respondent/plaintiff is the brother of the petitioners herein. The petitioners were set ex-parte on 07.04.2010, and an ex-parte decree came to be passed on 25.3.2011. The application to condone the delay of 1008 days to set aside the ex-parte decree came to be rejected by the Trial Court, which is under challenge in the present revision.

(2.) Heard Mr.J.Ravikumar, learned counsel for the petitioners and Mr.G.Jeremiah, learned counsel for the respondents.

(3.) The reason assigned by the revision petitioners herein for the delay is that the first petitioner who is a Homepathy practitioner had suffered a fracture, and subsequently developed ailments of Jaundice also and in view of the home treatment taken by him, the delay had occurred. It is their further explanation during the course of treatment, the first respondent herein who is their brother, had approached them sympathetically and promised to settle the issue amicably by withdrawing the suit. The petitioners were carried away by such a promise and hence they were not following up the case which led to the delay.