M.M. Sundresh, J.

1. This appeal has been filed by the appellant, who is defendant No.2 in the suit and applicant in Application No.3408 of 2012 in C.S.No.874 of 2012. By order dated 10.08.2012, the learned single Judge was pleased to dismiss the said application.

2. The respondents have filed a suit for partition and separate possession. The appellant has been set ex parte due to non-appearance of his counsel and thereafter, an ex parte decree was passed. An application was filed by the appellant in Application No.3408 of 2012, specifically contending that the appellant's counsel could not be present when the matter was taken up for hearing, as his mother had died on 06.04.2010. It is further stated in the affidavit that the counsel for the appellant went to Salem to attend the death ceremony and due to the prevailing custom, he had to stay in the said place for 30 days, to perform the required ceremonies.

3. The learned single Judge dismissed the application filed by the appellant on the ground that the appellant has not given sufficient reason for setting aside the ex parte decree and the application has been filed with a delay of 714 days. Challenging the same, the pres