LAWS(MAD)-2019-6-599

JAGADEESAN Vs. SELVARAJ

Decided On June 28, 2019
JAGADEESAN Appellant
V/S
SELVARAJ Respondents

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 25.06.2014 passed by the learned Principal District Munsif, Tindivanam in I.A. No. 949 of 2013 in O.S. No. 415 of 2009. Brief facts leading to the filing of the instant revision:

(2.) The petitioner is the plaintiff in the suit O.S. No. 415 of 2009 pending on the file of the learned Principal District Munsif Court, Tindivanam. The petitioner filed the said suit for recovery of money against the respondent based on promissory notes. An ex parte decree dated 30.08.2010 came to be passed against the respondent. The respondent filed I.A. No. 949 of 2013 in O.S. No. 415 of 2009 to condone the delay of 1084 days in filing an application to set aside the ex parte decree dated 30.08.2010.

(3.) The only reason stated in the affidavit filed in support of I.A. No. 949 of 2013 is that the respondent did not know about the passing of the ex parte decree dated 30.08.2010 and that, he came to know about the same only after the receipt of notice in the execution petition filed by the petitioner to execute the said ex parte decree dated 30.08.2010.