RAJARAM ALIAS A R RAMASAMY Vs. PERIA MARAKKAL

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Article 227 of Constitution of India, against the order 18.4.2005 made in I.A.17/2005 in O.S.No,221/2004 on the file of the I Additional District Munsif Court at Bhavani.) The revision petitioner/petitioner/plaintiff has preferred this Civil Revision Petition as against the order dated 18.04.2005 in I.A.No.17/2005 in O.S.No,221/2004 passed by the learned first Additional District Munsif, Bhavani in dismissing the application filed by him under Order 9 Rule 9 under Section 151 CPC seeking restoration of the suit in O.S.221/2004 which has been dismissed for default on 19.1.05.

(2.) THE trial Court, while passing orders in I.A.17/2005 dated 18.04.2005 as interalia opined that -the revision petitioner/plaintiff has been given opportunities to conduct the case by adopting a liberal approach after contending his negligence and in spite of the same the revision petitioner appears to have not been diligent and even when the I.A.17 of 2005 has been pending, on 13.04.2005 the revision petitioner or his counsel has not appeared and again when the matter has been posted on today the revision petitioner has not appears before the court and further there is no revision on his behalf and therefore the revision petitioner has not shown material respect to the judicial proceedings, etc. and since the revision petitioner has not taken any interest in regard to the conduct of the case and also wrongly understood the same appear before the court. THEre is no use for the court to wait for the revision petitioner and resultantly dismissed the application without costs.

(3.) THE learned counsel for the revision petitioner cites the decision of this Court Thankayyan V. Edwin Shaji (2008(2) CTC at page 319 & 392) Wherein it is observed as follows: