S KALAMANI Vs. MS FARIDA

JUDGEMENT

(1.) THE Civil Revision Petitioner/Defendant has preferred Civil Revision petition against the order dated 15.03.2007 made in I.A.No,2022 of 2007 in O.S.No,467 of 2006 by the learned Principal District Judge, Coimbatore in dismissing the application filed by the Revision Petitioner/Defendant under Section 5 of the Limitation Act praying to condone the delay of 74 days in preferring an application to set aside the Ex Parte Decree dated 15.03.2007.

(2.) THE trial Court while passing order in I.A.No,2022 of 2007 has inter alia come to the conclusion that the Revision Petitioner/Defendant in his affidavit in I.A.No,2022 of 2007 has merely stated that he has not been keeping well and except the bald statement, he has not mentioned any details about the period during which he has not been keeping good health, the disease in and by which he has been affected and also the name of the hospital and the name of the Doctor under whom he has taken treatment and further the Revision petitioner has not explained each and every day's delay and resultantly, dismissed the application without costs.

(3.) THIS Court heard the learned counsel appearing on either side and noticed their contentions.