KALIANNAN Vs. A.KANDASAMY

JUDGEMENT

(1.) Revision petition filed against orders passed by the trial court, dismissing the application, filed to condone the delay of 1343 days in filing the application to set aside the exparte decree dated 20.12.2007.

(2.) The revision petitioner is the defendant in the original suit. The respondent/plaintiff has filed a suit for recovery of a sum of Rs.50,000/- on the basis of the promissory note executed by the defendant. The revision petitioner/defendant denied the execution of the suit promissory note and passing of consideration. He also contended that earlier occasions, he borrowed money from the plaintiff and the same were discharged by him, however, the suit promissory note has been fabricated by the plaintiff for the purpose of the filing the present suit.

(3.) In the suit, the defendant filed his written statement on 14.03.2002 and thereafter, the suit was dismissed for default on 14.03.2002. It is the contention of the revision petitioner/ defendant that, to restore the suit, application had been filed and the same was allowed on 31.10.2007 for non filing of counter. He also contended that, the case bundle was returned to him by his counsel in the year 2002 and hence, he was not informed about the stage of the case by his counsel. His further contention is that, meanwhile, the suit was transferred from the file of the Sub Judge, Sankagiri to the file of the District Munsif, Tiruchengode. According to the revision petitioner, no notice was served on him by the transferee court and only after receipt of notice in the execution petition, he came to know that he was set exparte 11.12.2007 and exparte decree was passed on 20.12.2007. Therefore, there occurred a delay of 1343 days in filing the set aside petition.