S PALANISAMI GOUNDER Vs. K BALASUBRAMANIAM

JUDGEMENT

(1.) THIS revision has been directed against the order passed in I.A.No.1675 of 2008 in O.S.No.179 of 2007 on the file of the learned Principal District Judge, Coimbatore. The said application was filed under Section 5 of the Limitation Act to condone the delay of 174 days in filing the petition to set aside the exparte decree dated 9.10.2007.

(2.) ACCORDING to the revision petitioner, since he was suffering from Jaundice for about nine months and was very sick due to his advanced age of 70, he could not move out of his house and could not also come to Coimbatore and to meet his counsel to file his written statement which resulted in an exparte decree against him. The respondent/plaintiff has filed a counter denying the averments in the affidavit filed by the revision petitioner/defendant. After going through the rival contentions of the parties, the learned trial Judge has come to a conclusion that the reasoning stated in the affidavit to condone the delay of 174 days is not reasonable, had dismissed the same. Aggrieved by the findings of the learned trial Judge, the defendant had preferred this revision.

(3.) THE learned counsel for the respondent would state that the plaintiff is also aged 75. Under such circumstances, I am of the view that it is a fit case in which an opportunity must be given to the revision petitioner to vent his grievance by way of filing of his written statement.