SELVAN Vs. KALAVATHI

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the fair and decretal order dated 16.03.2015 in I.A.No.38 of 2015 in O.S.No.314 of 2011 on the file of the learned Second Additional District Munsif, Erode.

(2.) According to the petitioner, the respondent filed a suit in O.S.No.314 of 2011 on the file of the learned Second Additional District Munsif, Erode seeking partition against the revision petitioner. In the said suit, I.A.No.38 of 2015 in O.S.No.314 of 2011 has been filed under Section 9 Rule 13 and section 151 of CPC to condone the delay of 1117 days in filing the application to set aside the exparte preliminary decree dated 2.12.2011. The said application was dismissed on 16.03.2015. Challenging the order dated 16.03.2015, the present Civil Revision Petition has been filed.

(3.) The learned counsel for the petitioner/defendant submitted that the reasons stated in the affidavit filed in support of the application to condone the delay has not been appreciated by the Court below. Therefore, the order passed by the Court below is liable to be set aside.