SAHAYAM Vs. MICHAEL AMMAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order passed by the Additional District Munsif Court, Ambasamudram in I.A.No.364 of 2017 in O.S.No.106 of 2012, dated 20.04.2017.

(2.) The petitioner would aver among other things that the respondent is the plaintiff and the petitioner is the fourth defendant in the suit in O.S.No.106 of 201 The respondent/plaintiff filed the suit in O.S.No.106 of 2012 before the Additional District Munsif Court, Ambasamudram for declaration that the plaintiff is entitled for 1/3rd share in the suit property by metes and bounds and separate possession. After filing the suit, summon was served on the revision petitioner/4th defendant for his appearance before the Additional District Munsif Court, Ambasamudram, on 27.08.201 But as he was suffering from jaundice and as per the advice of the Doctor to take bed rest, he was not able to appear before the trial Court on 27.08.201 Thereafter, on 201.2017, he came to know about the ex-parte order issued against him on the same day ie., on 27.08.201 Challenging the ex-parte order, dated 27.08.2012, the 4th defendant, the revision petitioner herein filed an application in I.A.No.364 of 2017 in O.S.No.106 of 2012 before the trial Court for setting aside the ex-parte order, dated 27.08.201 But the trial Court has dismissed the application on 20.04.2017, on the ground that the I.A.No.364 of 2017 has been filed after 3 years from the date of ex-parte order. Challenging the same, the 4th defendant/revision petitioner has filed the Civil Revision Petition before this Court.

(3.) The learned counsel appearing for the petitioner would submit that as the petitioner was suffering from jaundice, he could not appear for the trial on 27.08.2012. He would further submit that the trial proceedings has not been completed and it is pending and hence, the very application filed by the petitioner/4th defendant is absolutely maintainable and the order of the trial Court is totally misconceived. Therefore, the order of the trial Court dated 20.04.2017 is liable to be set aside.