SUBRAMANIAM Vs. TAMIL SELVI AND OTHERS

JUDGEMENT

(1.) The third defendant/petitioner has moved this Court by way of this Civil Revision Petition against the order dated 2nd December 2004 on the file of the II Additional Sub Court, Erode passed in I.A.No.123 of 2004 in O.S.No. 124 of 1996 which is a petition filed to condone the delay of 1106 days in filing an application to set aside the ex-parte decree dated 11.07.2001.

(2.) The facts in brief is narrated below:

(3.) The case of the respondents was that the properties were ancestral and that the first defendant in the suit who is their father had started a textile business in which he had incurred huge losses and in order to meet the losses, he alienated the property belonging to the ancestral family. Therefore, the respondents are constrained to file the suit for partition.