K V GOPALASAMY Vs. K C CHANDRASEKARAN

JUDGEMENT

(1.) THE civil revision petitioner/petitioner/defendant has filed this revision as against the order dated 11. 2. 2008 in I. A. No. 677 of 2007 in O. S. No. 56 of 2007 passed by the learned Principal Judge, Coimbatore in dismissing the application filed by the petitioner under Section 5 of the Limitation Act.

(2.) THE trial court, while passing orders in I. A. No. 677 of 2007, has come to the conclusion that the reasons assigned by the revision petitioner/defendant in projecting the application with a delay are not fair and acceptable and resultantly, dismissed the application without costs.

(3.) THE learned counsel for the revision petitioner/ defendant submits that the trial Court has failed to see that the suit summons has not been served on the revision petitioner and that he has come to know about the exparte decree only when the officers from the Mettupalayam municipality vested his property and when an exparte decree has been passed at that time the petitioner has been suffering from severe heart problem and in short, the non appearance of the revision petitioner has been due to sufficient and bona fide reason and the same is not willful or deliberate and also that the trial Court has committed an error in holding that the petitioner has not established the genuineness of the medical certificate and if the exparte decree is not set aside then it will cause serious hardship and loss to the petitioner depriving his right of defence totally and looking at from any angle the order of the trial Court in I. A. No. 677 of 2007 is an untenable one and therefore, prays for allowing the civil revision petition to advance the cause of justice.