LENA FINANCE BY ITS PARTNERS (ALAGAPPA CHETTIAR, VEERANAN, VALLIAMMAI ACHI, DEIVANAI) ALL REPRESENTED BY THEIR POWER AGENT, S P LAKSHMANAN Vs. R M KANDASAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed by the plaintiffs to set aside the order dated 24.9.2008 in IA. No. 333/2007 in OS. No. 242/2002 on the file of the I Additional Subordinate Judge, Madurai, condoning the delay of 306 days in filing the petition to set aside the exparte decree dated 8.3.2006.

(2.) Ms. AL. Ganthimathi, the learned Counsel for the petitioners would contend that no sufficient cause was shown by the respondent in condoning the delay and even assuming that the respondent was in abroad for his treatment from 2.8.2006 to 22.9.2006, there was no reason as to why he has not filed an application at least immediately thereafter to set aside the exparte decree and in the absence of any explanation, it could not be held that he was prevented by sufficient cause in prosecuting the suit.

(3.) The learned Counsel for the petitioners would place reliance on the decisions rendered in the cases of S. Panchatcharam v. S. Sambandha Mudhaliar and Anr.,2008 6 MadLJ 534, Sivakumar and Anr. v. R. Sengodan,2007 4 CTC 506, State of Nagaland v. Lipok AO, 2005 3 SCC 752 and Mannariah & Sons P. Ltd., Harbour Link Road, Tuticorin and two Ors. v. M.M. Sankaranarayanan, 2006 2 LW 99 in support of her contention.