ALLIMUTHU @ KALUVAYEE Vs. R SUBRAMANI

JUDGEMENT

(1.) The petitioner filed the above Civil Revision Petition, challenging the order dated 15.11.2005 passed in the application for condonation of delay of 361 days in I.A.No.477 of 2005 in O.S.No.943 of 1999 on the file of the learned First Additional Subordinate Judge of Madurai.

(2.) The learned counsel appearing for the petitioner submitted that the learned I Additional Subordinate Judge, Madurai is erred in dismissing the application and failed to consider that the delay of 361 days having been properly explained by the petitioner and that the petitioner was ready to pay the cost and that the respondent are failed to produce any contradictory evidence and the irrespective of the delay, an opportunity must be given to the petitioner.

(3.) Records perused. O.S.No.943 of 1999 was filed by the respondent against the petitioner on the basis of a mortgage deed. Though the present petitioner who is the defendant in the original suit has filed a written statement on 25.10.2000, she has not taken steps to contest the case. During the trial, an exparte decree was passed on 02.04.2004. On 29.04.2005, the petitioner filed an application to set aside the exparte decree with a delay of 361 days. The petition for condonation of delay was filed in I.A.No.477 of 2005 and the order was passed on 15.11.2005 dismissing the petition.