VELMURUGAN Vs. JAYARAMAN

JUDGEMENT

(1.) The petitioner has filed this revision under Section 151 of the Code of Civil Procedure against the order and decreetal order made in I.A.No.2847 of 2006 in unnumbered O.S. (Ref.O.S.No.5 of 1998 on the file of the Principal Sub Judge, Puducherry), dated 11.12.2006 on the file of the Principal District Munsif, Puducherry.

(2.) The petitioner is the sixth defendant in the suit. The first respondent is the plaintiff. The first respondent/plaintiff filed the suit for partition and separate possession. The said suit was posted for filing of written statement. Since the petitioner/sixth defendant was suffering from jaundice and was undergoing ayurvedic treatment and was unable to contact his counsel to file his written statement on 26.02003, he was set ex parte. Thereafter, the suit was decreed on 204.2003 in favour of the first respondent/plaintiff. The petitioner filed I.A.No.1893 of 2003 seeking to condone the delay of 46 days for filing an application for setting aside the ex parte judgment and decree dated 204.2003.

(3.) The said interlocutory application was transferred to the file of the Principal District Munsif, Puducherry and numbered as I.A.No.2847 of 2006 in unnumbered O.S. The learned Principal District Munsif, Puducherry, by order dated 11.12.2006, dismissed the petition holding that the petitioner has not shown sufficient cause for condonation of the delay.