M.NAMAKANDA THEVAR & ORS. Vs. K.SARASAMMAL

JUDGEMENT

(1.) This Civil Revision petition is filed by the defendants 1 to 5 in the suit in O.S.No.55 of 2007.

(2.) It appears that the respondent in this Civil Revision petition has filed a suit in O.S.No.6 of 2000 on the file of the Principal District Munsif Court, Kamuthi. Though the suit was originally decreed in merits. The appeal preferred by the respondent was allowed and the suit in O.S.No.6 of 2000 was dismissed with liberty to the plaintiff to file a fresh suit. Thereafter, the suit in O.S.No.55 of 2007 was filed by the respondent and an ex-parte decree was passed on 25.03.2008 as the defendants in the suit did not appear. Defendants 1, 3, 4 and 5 thereafter filed an application in I.A.No.44 of 2012 in O.S.No.55 of 2007 to condone the delay of 1154 days in filing a petition to set aside the ex-parte decree in the suit in O.S.No.55 of 2007 on the file of the District Munsif-cum-Judicial Magistrate Court, Kamuthi. The petition filed by the Revision petitioners in I.A.No.44 of 2012 was dismissed holding that there is no explanation for the delay of 1154 days and that the reasons stated cannot be accepted. Aggrieved by the same, the Revision petitioners have preferred the above Civil Revision petition.

(3.) In the affidavit filed in support of the petition to condone the delay of 1154 days, the Revision petitioners have stated as follows:- ...[VERNACULAR TEXT OMITTED]...