S. ARUNACHALAM Vs. RAMAIAH

JUDGEMENT

(1.) Challenge in this civil revision petition is made to the fair and decreetal orders, dtd. 18/11/2009, passed in I.A. No. 11 of 2009 in O.S. No. 100 of 2004, on the file of the Principal Subordinate Court, Tenkasi.

(2.) The petitioner / plaintiff has laid the suit against the respondent / defendant for recovery of money on the basis of a promissory note. It is found that the said suit ended in a decree in favour of the petitioner / plaintiff. Seeking to set aside the ex parte decree passed against him, the respondent / defendant had come forward with an application. Inasmuch as there had been a delay of 875 days in filing the abovesaid application, seeking to condone the said delay, he has preferred the application in I.A. No. 11 of 2009.

(3.) For the condonation of the abovesaid delay, the reasons given by the respondent / defendant is that when the suit was posted for the crossexamination of the petitioner / plaintiff by the respondent / defendant, inasmuch as the respondent / defendant was affected by jaundice and taking treatment, he was unable to contact his Advocate, though the Advocate had informed him about the hearing date of the suit for the cross-examination of the petitioner / plaintiff and accordingly, his counsel had reported no instruction and consequently, an ex parte decree had come to be passed against him and thereby, the delay had occurred and hence, sought for the condonation of the same.