CHANDRA SEKARAN (DIED) Vs. SHANTHI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the Judgement and decree dated 12.01.2018 passed in I.A.No.1118 of 2017 in O.S.No.158 of 2008 on the file of District Munsif Court, Aranthangi.

(2.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

(3.) The respondent in this Civil Revision Petition, as plaintiff, filed a suit in O.S.No.158 of 2008 on the file of the District Munsif Court, Aranthangi, for the relief of declaration and permanent injunction against the petitioners. The petitioners herein are the defendants 2 to 4 in the suit. It is the case of the petitioners herein that they are the legal heirs of the deceased defendant and they were impleaded as defendants 2 to 4 in O.S.No.158 of 2008. Therefore, the Court was directed to file their written statement. However, they had not filed their written statement in time due to the reason that the first petitioner was suffering from Jaundice and therefore, she was not able to give instructions to the counsel on record. When this matter was called on 28.09.2018, due to the non filing of the written statement, the lower Court set the petitioners/defendants exparte and passed an exparte order. Due to the reason of the Jaundice, the first petitioner was taking continuous treatment for more than about 8 months time. Therefore, she was not able to file her written statement. Under the above circumstances, the petitioners/ defendants 2 to 4 herein filed an application in I.A.No.1118 of 2017 in O.S.No.158 of 2008 to condone the delay of 235 days in filing the petition to set aside the ex parte order. However, the petitioners in that application had stated that as the first petitioner was suffering from Jaundice, they were not able to file their written statements and give appropriate instructions to his counsel. They did not file any proof with regard to their submission that the first petitioner was suffering from Jaundice. Therefore, the lower Court dismissed the application to condone the delay of 235 days in filing the petition to set aside the ex parte order. Aggrieved by the same, the present Civil Revision Petition has been filed.