C. BALASUBRAMANIAN Vs. VELUSAMY

JUDGEMENT

(1.) The civil revision petition is directed against the fair and decreetal orders, dtd. 10/8/2010, passed in I.A. No. 95 of 2008 in O.S. No. 731 of 2004, on the file of the Additional District Munsif Court, Tuticorin.

(2.) The first respondent has laid the suit against the second respondent herein and the revision petitioner in O.S. No. 731 of 2004 for permanent injunction to restrain the revision petitioner from evicting him from the suit property except in accordance with due process of law. It is found that in the above suit, the revision petitioner had been set ex parte on account of his failure to file the written statement and consequently, the ex parte decree had come to be passed against him and in favour of the first respondent on 11/3/2005. Seeking to set aside the ex parte decree passed against him, the revision petitioner has come forward with an application. However, inasmuch as a delay of 1222 days had occurred in preferring the abovesaid application to condone the said delay, he has preferred I.A. No. 95 of 2008.

(3.) With reference to the delay, the reasons given by the revision petitioner are that inasmuch the first respondent had assured to vacate the suit property in the month of February, 2005 and accordingly, also promised that at the time of vacating the suit property, he would withdraw the suit and believing the abovesaid version of the first respondent, it is stated that the revision petitioner has not met his Advocate and filed the written statement and accordingly, his Advocate having reported no instructions, the ex parte decree had come to be passed in the abovesaid suit and further contended that the first respondent has never been in the possession of the suit property and only at the instigation of the second respondent herein, he has preferred the suit and at present, the second respondent is projecting a false claim in respect of the suit property without any basis and also taking advantage of the ex parte decree passed against the revision petitioner in the suit and in such view of the matter, prayed for the condonation of the delay.