GOVINDARAJ Vs. M KANAGARAJ

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 15.07.2013 made in I.A.No.14857 of 2012 in O.S.No.6778 of 2010 on the file of the VIII Assistant City Civil Court, Chennai.

(2.) The petitioner is the defendant and respondents are the plaintiffs in O.S.No.6778 of 2010 on the file of the VIII Assistant City Civil Court, Chennai. The respondents filed the said suit for permanent injunction, declaration and mandatory injunction. The petitioner on receipt of summons, entered appearance through counsel, but did not file written statement. On 30.10.2010, he was set exparte and exparte decree was passed on 19.01.2011.

(3.) The petitioner filed I.A.No.14857 of 2012 to condone the delay of 406 days in filing the petition to set aside the exparte decree dated 19.01.2011. According to the petitioner, he was not in station continuously from November 2010 to April 2011 and he met with an accident in April 2011 and therefore, he could not meet the Advocate and give instructions to prepare and file written statement.