ELLAMMAL Vs. S.CHELLADURAI

JUDGEMENT

(1.) ORDER The instant revision has been filed as against the order dated 25.08.2014 passed by the Sub Court, Attur, Salem District in I.A.No.314 of 2014 in O.S.No.172 of 2012. Brief facts leading to the filing of the instant revision:

(2.) The petitioner is the defendant and the respondent is the plaintiff in the suit O.S.No.172 of 2012. The respondent filed a suit for recovery of a sum of Rs. 4,76,000/- together with interest and costs. The suit was filed, based on promissory notes and as seen from the plaint, prior to the institution of the suit, a legal notice was also issued to the petitioner calling upon him to pay the borrowed money. The petitioner entered appearance in the suit O.S.No.172 of 2012 through a counsel, but failed to file a written statement and hence, he was set ex parte and subsequently, an ex parte decree dated 05.10.2013 came to be passed against the petitioner in favour of the respondent. Thereafter, the petitioner filed I.A.No.314 of 2014 in O.S.No.172 of 2012 seeking to condone the delay of 210 days in filing an application to set aside the ex parte decree dated 05.10.2013. As seen from the affidavit filed in support of I.A.No.314 of 2014, the reason given by the petitioner for not filing the application on time to set aside the ex parte decree is that he fell ill and was suffering from Jaundice and was unable to move out of his house to contact his counsel.

(3.) A counter affidavit was also filed by the petitioner/respondent in I.A.No.314 of 2014, denying the averments contained in the affidavit filed in support of I.A.No.314 of 2014 and further stating that the respondent/plaintiff had already filed an execution petition to execute the ex parte decree dated 05.10.2013 in R.E.P.No.29 of 2014. The Trial Court by its order dated 25.08.2014 dismissed I.A.No.314 of 2014 filed by the petitioner on the ground that no supporting documents were filed by the petitioner to prove that he was suffering from Jaundice and not keeping in good health. Aggrieved by the dismissal of I.A.No.314 of 2014, the instant Civil Revision Petition has been filed.