U K SUBRAMANIAM Vs. GUNASEKARAN

JUDGEMENT

(1.) THE petitioner/second petitioner/second defendant has filed this civil revision petition as against the Judgment and Decree dated 27. 04. 2009 made in C. M. A. No. 42 of 2007 passed by the III Additional Subordinate Judge, Coimbatore in confirming the order in I. A. No. 847 of 2006 in O. S. No. 1476 of 1999 dated 06. 12. 2006 passed by the I Additional District Munsif, Coimbatore in dismissing the application filed by the revision petitioner and another under Section 5 of the Limitation act praying to condone the delay of 1504 days in filing an application to set aside the exparte decree dated 06. 11. 2001.

(2.) THE First Appellate Authority, viz. , III Additional Subordinate Judge, Coimbatore, while dismissing the c. M. A. No. 42 of 2007, has come to the conclusion that the order of the trial court passed in I. A. No. 847 of 2006 does not suffer from any infirmity and resultantly, dismissed the appeal, thereby confirming the order passed in i. A. No. 847 of 2006 dated 06. 12. 2006.

(3.) EARLIER, the trial Court, while passing orders in I. A. No. 847 of 2006 dated 06. 12. 2006 has come to the resultant conclusion that 'it is not the case of the petitioner that the sickness of the second defendant prevented him for more than 4 years from pursuing the further course of the suit and this is the fit case where the petitioner in an application under Section 5 of the Limitation Act is bound to explain each days' delay and the reason adduced thereto is not acceptable to condone the delay of 1504 days in projecting the application to set aside the exparte decree and ultimately dismissed the said application without costs.