S V SATHISH CHANDRAN Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE revision petitioners/defendants D1 to D5 have projected this Civil Revision Petition as against the order dated 18.09.2007 in I.A.16 of 2007 in O.S.No,2 of 2005, passed by the learned Additional District and Sessions Judge, Fast Track Court No. III, Dharapuram in dismissing the application filed by the petitioners under Section 5 of the Limitations Act praying to condone the delay of 70 days in filing an application to set aside the ex-parte decree dated 09.03.2007.

(2.) THE trial Court while passing orders in I.A. No.16 of 2007 has among other things observed that "the alleged communication gap between himself and his counsel cannot be countenanced neither as a valid ground nor as an acceptable ground and the reasons cited by the petitioner/5th defendant for the delay caused is not at all sufficient in any manner. If we consider these untenable reasons on the backdrop and background of previous gross negligent conduct of the petitioner the inescapable conclusion would be that the delay cannot be condoned in anyway, etc." and ultimately dismissed the application with costs.

(3.) THIS Court has heard the arguments of learned counsel appearing for the parties and noticed their contentions.