(1.) The above Civil Revision petition is filed challenging the order passed in I.A.No.34 of 2004 in A.S.No.69 of 1994 (FTC - II, A.S.No.93 of 2002) by the learned Additional District Judge, Tindivanam, in and by which the learned judge dismissed the application filed by the petitioners to condone the delay of 546 days in filing the application to restore the appeal.
(2.) The appeal has been filed by the petitioner/defendant in the suit in O.S.No.861 of 1987 on the file of the District Munsif Court Gingee, which was filed by the first respondent herein for partition and separate possession of his share in the suit properties. The petitioners herein had contested the suit and ultimately the suit was decreed by the judgment and decree dated 29.04.1994.
(3.) Challenging the Judgement and decree passed in O.S.No.861 of 1987, the petitioner herein filed an Appeal in A.S.No.69 of 1994 on the file of the Subordinate Judge, Tindivanam. It appears that the said appeal was posted for arguments on 29.07.2002 and since the counsel for the appellant did not argue the matter, the appeal was dismissed for default. The petitioners came to know about the dismissal just three days prior to that filing of the present I.A. when they had received a letter stating that the Advocate Commissioner was going to measure the property. Immediately, the petitioners approached their Advocate and the Advocate informed them that he had sent a letter informing them about the posting of the appeal for enquiry and since they have not responded to the said letter he had not appeared before the Court, and therefore the Appeal was Dismissed for Default. Narrating the above facts, the I.A. has been filed seeking condonation of delay of 546 days in filing the restoration petition.