SIVAN AND OTHERS Vs. ANNADURAI AND OTHERS

JUDGEMENT

(1.) The petitioners in this petition are the defendants in O.S.No.56 of 2016. The petitioners herein had filed I.A.No.494 of 2017 on the file of the Additional District Munsif Court, Tuticorin to condone the delay of 80 days in preferring an appeal to set aside the ex-parte order. Even though the petitioner categorically explained the reasons for delay, without considering the same has dismissed the said application. Challenging the same, the petitioners are before this Court.

(2.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents.

(3.) The learned counsel for the petitioners submitted that the petitioners are working in various category and the second petitioner alone is contesting the case on behalf of the petitioners. While so, due to ill health of his father and heavy work, the second petitioner could not contact the counsel to file counter in I.A.No.494 of 2017. Even though the above said facts have brought to the knowledge of the Trial Court, the Trial Court without considering the same dismissed the above said I.A.No.494 of 2017 filed by the petitioners to condone the delay in preferring the appeal to set aside the ex-parte decree. Hence, the petitioners are before this Court with the aforesaid prayer.