PERUMAL Vs. USHARANI

JUDGEMENT

(1.) The present Civil Revision Petition has been filed against the fair and decretal order dated 06.06.2014 in I.A.No.330 of 2013 in O.S.No.369 of 2010 passed by the Principal Subordinate Court, Erode.

(2.) The petitioners are the plaintiffs in the above suit. The suit was dismissed for non-prosecution on 31.10.2011. The petitioners thereafter filed an application to restore the suit with an application for condoning the delay of 564 days in filing the restoration application. The said application was dismissed by the Court vide impugned order.

(3.) In the affidavit filed by the first petitioner in support of the above application, he has stated that he was the incharge of the suit and the reasons for non appearance at the time of dismissal due to illness when the suit was posted on 31.10.2011 for trial. As he was suffering from fever therefore could not appear before court and could not intimate his counsel about his illness. Therefore, his counsel also could not appear to get adjournment and therefore the suit was dismissed and he was expecting that the next date of hearing would be intimated. Only after the counsel for the respondents issued a notice dated 16.09.2012, he came to know about the dismissal of the suit and thereafter filed the application to restore the suit.