PARVATHI Vs. KOLANTHAGOUNDER

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 01.02.2014 passed by the Subordinate Court, Bhavani, Erode District in I.A. No. 110 of 2012 in O.S. No. 72 of 2007 Brief facts leading to the filing of the instant Civil Revision Petition:

(2.) The petitioner is one of the Legal Representatives of the deceased second defendant in the suit O.S. No. 72 of 2007. The said suit was filed for partition by the respondent / plaintiff against the defendants. An ex-parte preliminary decree dated 21.04.2008 came to be passed in favour of the respondent. Thereafter, the respondents filed I.A. No. 211 of 2008 in O.S. No. 72 of 2007 for passing of final decree, by appointment of Advocate Commissioner to divide the properties by metes and bounds. The petitioner, who is the daughter and one of the Legal Representatives of the deceased second defendant filed I.A. No. 110 of 2012 in O.S. No. 72 of 2012, seeking to condone the delay of 1388 days in filing an application to set aside the ex-parte decree dated 21.04.2008.

(3.) As seen from the affidavit filed in support of I.A. No. 110 of 2012, the petitioner claims that the suit schedule properties are ancestral properties and she has a share in the same after the death of the second defendant Chinnakolantha Gounder alias Kolantha Gounder. This fact is not disputed by the learned counsel for the respondent. The reason given in the affidavit filed in support of I.A. No. 110 of 2012 is that the petitioner came to know about the ex-parte decree only in the year 2008 after the application for final decree was filed by the respondent. Further, it was stated that she was suffering from Jaundice and was taking country treatment. With these reasons, she has filed an application to condone the delay of 1388 days in filing an application to set aside the ex-parte decree.