A. KUMAR Vs. KUDALMANAGER BENEFIT FUND LTD.

JUDGEMENT

(1.) The civil revision petition is directed against the fair and decreetal orders, dtd. 23/10/2009, passed in I.A. No. 252 of 2008 in O.S. No. 68 of 2006, on the file of the Additional District Munsif Court, Madurai.

(2.) The petitioner is the first defendant. It is seen that in the suit laid by the respondent / plaintiff, the petitioner has suffered an ex parte decree. Seeking to set aside the ex parte decree, the petitioner had preferred an application. Inasmuch as there occurred a delay of 478 days in preferring the abovesaid application, seeking to condone the delay, the petitioner has come forward with an application in I.A. No. 252 of 2008. According to the petitioner, inasmuch as he had been affected by jaundice, he was unable to appear in the Court and thereby, set ex parte and only in the month of February, 2008, after recovering from his ailment, he could meet his counsel and thereby, the delay had occurred and hence, prayed for the condonation of the delay.

(3.) Per contra, the respondent contended that the reasons adduced by the petitioner for the delay are false and on the other hand, in the execution proceedings levied by the respondent, the petitioner had entered appearance and only thereafter, he had chosen to take steps to set aside the ex parte decree and accordingly, prayed for the dismissal of the application.