1. The 2nd defendant in O.S. No. 55 of 2005 on the file of the District Munsif-cum-Judicial Magistrate Court, Kangeyam, Erode District is the revision petitioner.

2. The 1st respondent herein filed the suit for partition of her 4/9th share in the suit property and in that suit the revision petitioner filed statement and thereafter she did not prosecute the case and she was set exparte and the 1st defendant was also set exparte and the preliminary decree was passed on 7.9.2006 and thereafter, the revision petitioner filed an application under Order 9 Rule 13 CPC., to set aside the exparte decree on 9.10.2006 and did not take further steps to number the said application.

Mean while, the Decree holder/ 1st respondent filed I.A. No. 990 of 2010 for passing final decree and in that application the revision petitioner entered appearance and filed a counter stating that he filed as application to set aside the exparte decree on 9.10.2006 and that was not represented immediately as the settlement talks were going on between the parties and the paper was also mixed with other case bundle and hence there was a delay and thereafter filed I.A. No. 161 of 2011 in O.S. No. 55 of 2005