KALARANI Vs. D JEYAVEL

JUDGEMENT

(1.) This Civil Revision Petition is filed against the dismissal order dated 11.01.2016 passed by the learned VIII Assistant Judge, City Civil Court, Chennai in I.A.No.17063 of 2011 in O.S. No.4383 of 2007.

(2.) The learned counsel for the petitioners would submit that the petitioner have filed the suit in O.S. No.4383 of 2007 on the file of the learned VIII Assistant Judge, City Civil Court, Chennai for declaration and permanent injunction. The respondent has filed a written statement on 15.02008 before the Court below. Thereafter, the suit was dismissed for default on 19.09.2008. Hence, the petitioner filed an application in I.A. No.17063 of 2011 before the Court below, to condone the delay of 1088 days in filing the application to restore the suit. The said application was dismissed by the Court below. Challenging the said order, the petitioners have filed the present Civil Revision Petition before this Court.

(3.) According to the learned counsel for the petitioners, the previous counsel, Mr.Ravi, was entrusted with the case by the petitioners/ plaintiffs. Whenever the petitioners enquire the stage of the case, the previous counsel informed that the case is proceeding, but has not reached the trial stage. The counsel Mr.Ravi, did not inform the date of hearing to the petitioners and therefore the said suit was dismissed for default on 19.09.2008. Subsequently, when the petitioners came to know the fact that the suit was dismissed, immediately, they contacted the present counsel, after getting change of vakalat from the previous lawyer, filed the instant application to restore the suit. The non-appearance of the petitioners is not intentional but only due to the aforesaid bonafide reasons and believing the words of the previous counsel Mr.Ravi. The trial Court has rejected the said application without considering the reasons stated in the affidavit filed by the revision petitioners.