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2010 Supreme(Mad) 3816

B.RAJENDRAN
United India Insurance Co. Ltd. , Namakkal – Appellant
Versus
Saroja – Respondent


Advocates Appeared:
For the Petitioner:S. Arunkumar, Advocate.
For the Respondents:M. Aniruthran, Advocate.

Judgment :-

1. The Civil Revision Petition is against setting aside the order of dismissal made in I.A.No.370 of 2009. The application is filed to condone the delay of 929 days in preferring the application to set aside ex parte decree dated 14.11.2006 passed against the petitioner / second respondent. In the affidavit filed in support of the petitioner, the petitioner would content that earlier the MCOP itself was dismissed for default. The papers were mixed with old records and it could not be traced and subsequently when the petition was restored, they did not have the knowledge as the records were misplaced with other records. They came to know about the decree only much later. Therefore, there has crept in a delay of 929 days in preferring the appeal. The application is filed under Section 5 of the Limitation Act. The respondent has specifically pleaded in the affidavit that as early as on 31.01.2005, the MCOP itself was dismissed for default. Therefore the respondent claimed to have filed in IA No.385 of 2006 and 386 of 2006 for condoning the delay and restoring the petition which was dismissed for default. But that applications were allowed without notice to the petitioner. T

















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