V.K.C. SEKAR Vs. S. KUMARASAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order dated 06.04.2010 passed by the learned Subordinate Judge, Dharapuram in I.A.No.416 of 2009 in O.S.No.163 of 2001 which was the petition filed to condone the delay of 2,456 days in filing the petition to set aside the ex-parte decree passed in O.S.No.163 of 2001 dated 09.09.2002.

(2.) 1. The brief resume of the facts is reproduced herein below:

(3.) The respondent herein has countered the impugned petition by contending that the petitioner has not let in any proof to prove his statement of illness and the fact that his advocate has misplaced the earlier application. He would also contend that it is also highly unlikely that the petitioner would not have contacted his counsel for over nine years due to illness. The reasons given in the affidavit filed in support of the condone delay petition is not the truth. Therefore, the petition is liable to be dismissed. The learned Subordinate Judge, Dharmapuri by his order dated 06.04.2010, dismissed the said petition by holding that the petitioner has not substantiated the reasons given in the affidavit filed in support of the petition to condone the delay of 2,456 days. Aggrieved by this order, the petitioner has filed the present petition.