M.KOKILA Vs. A.GANESAN

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A. No.1082 of 2012 in O.S. No.568 of 2007 on the file of the Additional District Munsif Court, Vellore, the plaintiff has filed the above Civil Revision Petition.

(2.) The plaintiff filed a suit in O.S. No.568 of 2007 for specific performance and for other reliefs. Since the defendants failed to appear before the trial Court, they were set ex parte and an ex parte decree was passed on 02.04.2009. Thereafter, the defendants filed an application in I.A. No.1082 of 2012 in O.S. No.568 of 2007 to condone the delay of 1220 days for filing an application to set aside the ex parte decree, passed on 02.04.2009. In the affidavit filed in support of the application, the defendants have stated that they came to know about the filing of the suit only on 29.06.2012 through the Court amin at the time of executing the Court warrant. Further, in the affidavit, the defendants have stated that, in the year 2010, an unclear notice was served on the 1st defendant and immediately he approached the plaintiff's husband, namely, Margasagayam, who gave assurance to him that he will settle the dispute between him and the plaintiff amicably. Since the suit summons were not served on the defendants, they have filed the application to set aside the ex parte decree with a delay of 1220 days. Further, the 1st defendant has also stated that the 2nd defendant, who is his wife, often fall ill due to severe diabetes and blood pressure and she was also taking treatment for her ailments and hence, the application could not be filed immediately.

(3.) The plaintiff, in her counter affidavit, while disputing the averments in the affidavit filed in support of the application, also submitted that the defendants refused to receive the summons and therefore, they were set ex parte and an ex parte decree was passed on 02.04.2009.