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2009 Supreme(Mad) 5817

M.VENUGOPAL
Haji Mohammed Raffique – Appellant
Versus
B. Sivabakkiyam & Others – Respondent


Advocates appeared:
For Petitioner: Mr.C.R.Prasanan.
For Respondents:Mrs.S.Geetha for M/s R.Balakrishnan for R1 to R3, Advocates.

Judgment

The petitioner/plaintiff has filed this Civil Revision Petition as against the order dated 05.01.2008 in I.A.No.334 of 2005 in O.S.No.143 of 2001, passed by the learned Additional District and Sessions Judge (Fast Track Court No.II), Coimbatore, in dismissing the application filed by the revision petitioner/plaintiff under Section 5 of the Limitation Act, praying to condone the delay of 1108 days in restoring the O.S.No.143 of 2001 to file.

2.The trial Court, while passing orders in I.A.No.334 of 2005, has interalia observed that ...the reason stated that the fact of the transfer from the I Additional Judge, Coimbatore to this Court did not reach the petitioner seems to be unaccepted one, since because whenever the suit is filed, it is the duty of the petitioner/plaintiff to follow up the matter then and there and at the time, the petitioner/ plaintiff has kept silent for more than 1,000 days by not following the continuous proceedings and the Original Suit is very clear and it proves negligence and carelessness of the petitioner/defendant in handling the matter and also the fact that he is not more serious in prosecuting the claim etc., and resultantly, come to the conclu




























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