K VENKATARAJ Vs. OOTACAMUND MUNICIPALITY

JUDGEMENT

(1.) INVEIGHING the order dated 22.8.2008 passed in I.A.No.119 of 2007 in O.S.No.16 of 2006 by the District Munsif, Udhagamandalam, this civil revision petition is focussed.

(2.) HEARD the learned counsel for the petitioner. Despite the name of the respondent's counsel having been printed in the cause list, there is no appearance for the respondent.

(3.) A bare perusal of the order of the lower Court would demonstrate and display that the lower Court thought it fit to condone the delay of 132 days taking into consideration the averments in the affidavit filed by the Junior Assistant of Ootacamund Municipality. Undoubtedly, written statement should be filed, at the most, within 90 days, as per Order 8 Rule 1 of C.P.C. But in this case, it was not done so. With the result, ex-parte order came to be passed.