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2009 Supreme(Mad) 3117

V.PERIYA KARUPPIAH
Shanmugam – Appellant
Versus
Chokkalingam – Respondent


Advocates appeared:
For the Appellant:P.T. Asha, Advocate.
For the Respondent:P. Valliappan, Advocate.

Judgment :-

This Revision has been directed against the order passed by the lower Court in dismissing the application seeking for condonation of delay of 332 days in filing the application to set aside the exparte decree passed in O.S.No.35 of 2006.

2. The revision petitioner is the defendant in the suit. The respondent herein, as plaintiff, had filed the suit in O.S.No.35 of 2006 before the lower Court on the basis of the promissory note executed by the respondent herein/defendant. Since the petitioner/defendant did not appear before the lower Court on 5.6.2006, he was set exparte and an exparte decree was passed on 12.06.2006 against the petitioner/defendant. There was a delay of 332 days caused in filing the petition to set aside the exparte decree of the lower Court. Hence, the petitioner/defendant filed I.A.No.1824 of 2007 seeking for condonation of delay of 332 days in filing an application to set aside the exparte decree. The lower Court has, after hearing both sides, dismissed the said Interlocutory Application, which necessitated the petitioner to file this Revision.

3. The brief facts in the application filed by the petitioner for condonation of delay would runs as follows




























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