V. JANARDANAM Vs. V. DEENADAYALAN

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A. No. 13773 of 2012 in O.S. No. 1534 of 2009 on the file of the I Assistant Judge, City Civil Court, Chennai, the plaintiff has filed the above Civil Revision Petition.

(2.) The plaintiff filed the suit in O.S. No. 1534 of 2009 for partition and other reliefs.

(3.) When the suit was posted for trial in the Special List on 02.09.2010, the plaintiff failed to appear before the trial Court and therefore, the suit filed by him was dismissed for non-prosecution. Thereafter, after a delay of 730 days, the petitioner filed an application under Order 9 Rule 9 of the Civil Procedure Code to restore the suit, which was dismissed for default on 02.09.2010.