D. ELUMALAI Vs. PARVATHI

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 24.07.2014 passed by the learned Principal District Munsif, Gingee in I.A. No. 1562 of 2013 in O.S. No. 156 of 2012.

(2.) The petitioner is the defendant in the suit O.S. No. 156 of 2012 and he is the brother of the respondents who are the plaintiffs. The respondents filed the said suit for partition before the learned Principal District Munsif, Gingee. The petitioner was set ex parte in the said suit and thereafter, an ex parte decree dated 30.08.2012 came to be passed against the petitioner. The petitioner filed I.A. No. 1562 of 2013 in O.S. No. 156 of 2012 seeking to condone the delay of 390 days in filing an application to set aside the ex parte decree dated 30.08.2012. The reason given in the affidavit filed in support of I.A. No. 1562 of 2013 is that the petitioner was suffering from chikungunya and hence, could not attend to the suit filed by the respondents.

(3.) A counter affidavit was also filed by the respondents in I.A. No. 1562 of 2013 in O.S. No. 156 of 2012. The Trial Court, by its order dated 24.07.2014, dismissed I.A. No. 1562 of 2013 in O.S. No. 156 of 2012 filed by the petitioner on the ground that the petitioner has not produced any documentary evidence to prove that he was suffering from chikungunya and therefore, no sufficient reasons have been given by the petitioner for condoning the delay of 390 days in filing an application to set aside the ex parte decree dated 30.08.2012. Aggrieved by the dismissal of I.A. No. 1562 of 2013 in O.S. No. 156 of 2012, the instant civil revision petition has been filed.