The central legal point established in the judgment is that substantial justice should be preferred over technical considerations, and a party does not benefit from resorting to delay.

1. The Civil Revision Petitioner/16th Defendant/Petitioner has projected this Revision petition as against the order dated 13.12.2007 in I.A.No.1655 of 2006 in O.S.No.123 of 2004 passed by the Learned District Munsif, Tiruppur.

2. The Learned District Munsif, Tiruppur while passing orders in I.A.No.1655 of 2006 in O.S.No.123 of 2004 has among other things observed that the petitioner in the main suit has figured as 16th Defendant and that on her behalf, Advocate Selvi V.Suganthi Parimala has appeared and that the petitioner has signed in the summons and further, the petitioner has signed in the vakalat and in the summons, but, in the vakalat filed in this Application and also in the Application, has affixed her left thumb impression and in the notice sent along with the Application, the petitioner has affixed her signature, etc., Further, the trial Court has also opined that in the suit after full trial, the Judgment has delivered and it cannot be construed as an Exparte Preliminary Decree and therefore, the Application filed by the petitioner to set aside the Exparte Preliminary Decree is not acceptable and further, the petitioner has not assigned proper reasons for the delay of 812 days and resultantly, dismissed the Application without costs.

3. Dissatisfied with the order of dismissal passed by the trial Court in I.ANo.1655 of 2006, the Revision Petitioner/16th Defendant has projected this Revision before this Court.

4. Before the trial Court, the Revision Petitioner in I.A.No.1655 of 2006 has among other things averred that she has not received any notice or summon earlier and all of a sudden, she has received a notice in I.A.No.1227 of 2006 from this Court, two days back and further that she has not been aware of any proceeding and after verification in Court through his counsel, she has come to know that an Exparte Preliminary Decree has been passed on 30.04.2004 and in pursuance of the Preliminary Decree, a petition has been filed for final Decree.

5. In I.A.No.1655 of 2006, the Revision Petitioner/16th Defendant has pleaded that she has not received any notice earlier and has no knowledge of the suit or decree, etc., and that the Respondent/Petitioner has managed not to serve the summon etc., and has obtained an Exparte Decree against her. Moreover, she has come to know of the said Decree only after the receipt of the said notice in I.A.No.1227 of 2006 and in fact, an Application to set aside the Exparte Decree dated 30.04.2004 ought to have been filed on or before 30.05.2004 and there has occasioned a delay of 812 days in filing the present Application to set aside the Exparte Decree and that the delay is not wanton and therefore, prays for allowing the Application.

6. In the counter filed by the Respondent/Plaintiff, it is among other things averred that the present suit for partition is pending from the year 1990 and the suit has been contested and a Judgment has been passed after an elaborate trial by adducing oral and documentary evidence and if at all, the petitioner can participate in the final Decree proceeding and get her share, if any by allotment and that the Application filed by the Revision Petitioner is devoid of merits and therefore prays for dismissal of the Application.

7. At this stage, it is not out of place for this Court to pertinently point out that in the Notespaper in O.S.No.123 of 2004 on the file of the Learned District Munsif, Tiruppur (Previously O.S.No.547 of 1990) on the file of the Sub Judge, Tiruppur) dated 25.06.1999, it is endorsed as D11, 12, 13, 16, 17 to 25 have been served (CT) (Meaning:served through Court) D14, 15 summons not retd. and the Learned Judge has minuted as follows: "Mr.N.S.P. filed vakalat for D11, D12, D13, D16, D20, D21, D22 D23, D24. D17, D18, D19 and D25 called absent set exparte, etc., The seal of the Subordinate Court, Tiruppur for receipt of vakalat filed by Selvi N.Suganthi Parimala for D11, 12, 13, 16, 20, 21, 22, 23, 24 bears the date of recei