AVVAI HOME Vs. ARULMIGHU ARUNACHALESWARAR DEVASTHANAM THIRUVANNAMALAI

JUDGEMENT

(1.) IN this appeal, the appellant has challenged the order dated 31.3.1998 passed on the Application No.3710 of 1997 in C.S.No.66 of 1990 on the Original Side of this Court. Along with that he had also filed an application seeking to set aside an order passed ex parte, dated 2.3.1993 in C.S.No.66 of 1990, which is still pending in the original side.

(2.) THE learned counsel who appeared for the appellant herein, has sworn to an affidavit setting out the causes for delay. He has stated that summons were served on the appellant in the year 1990 and the case was entrusted to his office clerk Mr.Venugopal for filing vakalat in the Registry. THEreafter, he was under the impression that vakalat had already been filed. But, on 2nd November, 1995, while clearing up the papers in his office, it was found that vakalat had not been filed. THEreafter, the suit register was verified and vakalat was filed on 17.11.1995.

(3.) THE learned Judge proceeded on the basis that not knowing the progress of the case is an indicative of the erratic attitude of the appellant. He has also observed that no steps have been taken to get the ex parte decree set aside and the court declined to attach any sanctity to the affidavit of the advocate and dismissed the application.