P.DEVADASS
M. C. Chinnappan – Appellant
Versus
Thimmiammal – Respondent
The revision petitioner is plaintiff/appellant/petitioner in I.A.No.1 of 2012 in the unnumbered CMA on the file of the learned Principal District Judge, Krishnagiri.
2. This revision arose out of dismissal of I.A.No.1 of 2012 in unnumbered CMA, which has been filed by the revision petitioner/ plaintiff for condoning the delay of 8 days in filing the appeal.
3. The said I.A. was dismissed for the reason that there was no medical proof to show that the petitioner was not well during the said 8 days.
4. Plaintiff claims himself as the adopted son of the 1st defendant and her husband Vv.Sa.Venkatappa Chetty. After the death of Venkatappa Chetty, plaintiff and the 1st defendant have been in continuous possession and enjoyment of his properties. As the first defendant tried to sell the suit property to the 2nd defendant without the knowledge of the plaintiff, he filed the suit for partition of the properties left by late Venkatappa chetty as against the defendants.
5. The first defendant filed written statement denying the adoption. On the date of trial, as the plaintiff had failed to attend the Court, the suit was dismissed for his default. To set aside the said order of dismissal, p
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