EXECUTIVE OFFICER SETHIATHOPPU TOWN PANCHAYAT Vs. BALASUBRAMANIYAN

JUDGEMENT

(1.) According to the petitioner, the first respondent has filed a suit in O.S.No.296 of 2010 for declaration and permanent injunction against the petitioner herein. In the aforesaid suit, the petitioner has filed written statement in the year 2011. At this stage, since the petitioner had not appeared before the court below, he was set exparte and the court below passed an exparte decree against the petitioner on 29.9.2011. The petitioner has filed an application in I.A.No.19 of 2015 to condone the delay of 1173 days in filing the application to set aside the exparte decree. The court below dismissed the said application. Challenging the said order, the petitioner has filed the present Civil revision petition before this Court.

(2.) According to the petitioner, on receipt of the notice from the respondent's brother on 24.11.2014 along with the copy of judgment, he came to know that exparte decree was passed against the petitioner and thereafter, immediately filed the instant application to condone the delay in filing the set aside application. According to the learned counsel for the petitioner, on the side of petitioner, Thiru Chakaravarthi, Administrative Officer, Sethiathoppu Town Panchayat, was examined as P.W.1 and Ex.P1 to P3 were marked to show that the petitioner came to know the said exparte decree on receipt of notice and the letter sent by the respondent. Further, it is also contended by the learned counsel for the petitioner that the suit is filed for declaration and permanent injunction. The petitioner being a Executive Officer of Sethiathoppu Town Panchayat is necessary to contest the suit on merit. The court below dismissed the said application without considering the case of the petitioner. Therefore, the order passed by the court below is liable to be set aside.

(3.) The learned counsel for the respondent would submit that the petitioner has not stated sufficient cause to condone the delay in filing the set aside application. The first defendant who was also set exparte, other defendants 2, 3 and 5 are contesting the suit before the trial court. Therefore, the present application is filed without sufficient cause, the court below has rightly dismissed the said application. Therefore, the Civil revision petition is liable to be dismissed.