LAWS(MAD)-2018-3-724

A SRINIVASAN Vs. ADIVARAM CHOULTRY

Decided On March 28, 2018
A SRINIVASAN Appellant
V/S
Adivaram Choultry Respondents

JUDGEMENT

(1.) These Civil Revision Petitions are filed against the fair and decretal orders dated 06.02.2015 made in I.A.Nos.364 to 366 of 2011 in O.S.Nos.118, 114 and 122 of 2000 on the file of the Additional Subordinate Court, Chengalpattu.

(2.) The respondent and the issues involved in all the Civil Revision Petitions are one and the same and therefore, they are disposed of by this common order.

(3.) The petitioners are the defendants and respondent is the plaintiff respectively in O.S.Nos.118, 114 and 122 of 2000 on the file of the Additional Subordinate Court, Chengalpattu. The respondent herein filed the above suits for recovery of possession. In all the three suits, the petitioner received suit summons. The petitioner in C.R.P.No.4151/2015 received suit summon and entered appearance and filed written statement on 24.11.2000. Subsequently, he did not contest and exparte decree was passed on 31.0200 He filed I.A.No.364 of 2011 in O.S.No.118 of 2000 to condone the delay of 3075 days in filing the petition to set aside the exparte decree dated 31.0200 According to the petitioner, when the suit was posted for cross examination of P.W.1, he was bedridden and therefore, he could not contact his Advocate and give instructions. When he contacted his Advocate after recovering from illness, he came to know that exparte decree was passed on 31.02003 and filed present application to condone the delay of 3075 days in filing the petition to set aside the exparte decree.