KRISHNAMOORTHY Vs. M KALIYAPERUMAL

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order passed by the learned Principal District Munsif, Cuddalore in I.A.No.236 of 2006 in I.A.No.2285 of 2004 in O.S.No.337 of 2002 dated 23.06.2006, in and by which the learned District Munsif had dismissed the Application seeking to condone the delay of 155 days in filing the Application to set aside the ex-parte order passed in I.A.No.2285 of 2004 in O.S.No.337 of 2002 dated 11.03.2005.

(2.) The facts in a nutshell necessary for the disposal of this revision is that the petitioner herein had filed a Suit for permanent injunction against the respondents herein. The Suit was decreed by a judgment and decree dated 25.11.2003. It appears that the respondents herein had filed I.A.No.2285 of 2004 seeking compensation by way of damages against the revision petitioner. The Application was posted for filing of the counter affidavit on 11.03.2005 and since the counter affidavit was not filed an ex-parte order was passed in the above Interlocutory Application.

(3.) It is the case of the revision petitioner that he was unable to file the counter affidavit in I.A.No.2285 of 2004 only on account of the fact that his Advocate's Clerk has not intimated him about the posting of the case for filing the counter affidavit. He would submit that he could not be penalised for the fault of his Advocate's Clerk.