R NAGARAJAN Vs. D S HARIHARAN

JUDGEMENT

(1.) THE petitioner is the defendant in O.S.No.645 of 1992 on the file of the Principal Sub Court, Chengalpet. This is a suit for specific performance filed by the respondent. He was set ex parte on 10.03.1994 and he filed an application in I.A.No.1998 of 1995 to condone the delay of 484 days in filing the application under Order 9 Rule 13 CPC.

(2.) IN the above said application, he has alleged that he is suffering from mental depression and was undergoing medical treatment and hence could not met his counsel for filing the written statement.

(3.) THE learned Principal Subordinate Judge, Chengalpet after hearing both sides dismissed the application by observing that the ailments in the affidavit have not been established before the Court. THE contention in the affidavit for the delay in filing the application for restoration under Order 9 Rule 13 CPC is that the petitioner was suffering from mental disorder and hence he could not pursue the matter.