THIRUMARAN Vs. VEERAIYAN

JUDGEMENT

(1.) These petitions have been filed to set aside the orders passed by the learned Principal District Munsif Court, Trichy in I.A.Nos.46 and 47 of 2006 in O.S.No.780 of 2002.

(2.) The suit was filed for recovery of possession, in which, the defendant was set ex-parte. The petitioner/defendant came to know about the ex-parte decree passed only after receiving notice in the Execution Proceedings. There is delay in filing the petition to set aside the ex-parte order and that petition was filed before another forum and further delay of 670 days is caused in preferring the petition to set aside the ex-parte decree.

(3.) I.A.No.46 of 2006 was filed by the defendant to condone the delay of 670 days in filing the petition to set aside the ex-parte decree dated 23.12.2003. I.A.No.47 of 2006 was filed for interim stay of operation of ex-parte decree. The trial Court after analyzing the fact and also the arguments made by both sides has dismissed the said petition. Against which, the present Civil Revision Petition have been preferred by the petitioner/defendant.