KRISHNASAMY Vs. P.P. KARUPPAIAH (DIED) AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 01.07.2011 made in I.A.No.334 of 2010 in O.S.No.481 of 1999 on the file of the Principal Subordinate Court, Coimbatore.

(2.) The petitioner is the plaintiff, the deceased first respondent and second respondent are the defendants and respondents 3 to 5 are the legal heirs of the deceased first respondent in O.S.No.481 of 1999 on the file of the Principal Subordinate Court, Coimbatore. The plaintiff filed the said suit for recovery of money based on the mortgage. The respondents 1 and 2 were contesting the suit. When the suit was posted for trial, the petitioner did not appear and suit was dismissed for default. The petitioner filed I.A.No.334 of 2010 to condone the delay of 1413 days in filing the petition to restore the suit which was dismissed for default. According to the petitioner, he was seriously hospitalized for paralytic stroke namely Ischemic stroke (L) MCA territory on 22.09.2005 in Ramakrishna Hospital and was discharged on 26.09.2005. Thereafter, he met his Advocate and came to know about the dismissal of the suit. He filed application C.F.R.No.4354 on 01.02.2006 for restoration of the suit. Again the petitioner's health condition deteriorated and when he recovered from illness and met his Advocate, he came to know that application filed by him for restoration of the suit was returned and got mixed up with the bundles in the Advocate's office. In view of the same, the present application is filed and hence the delay is neither wilful nor wanton.

(3.) The deceased first respondent filed counter affidavit, which was adopted by the second respondent and denied all the averments and contended that the petitioner has not furnished details about his illness. The petitioner has not given any sufficient and valid reason for condoning the huge delay of 1413 days.