The court upheld the timely filing of the petition and accepted the reason for non-filing of the written statement, emphasizing the importance of adhering to procedural timelines and considering valid reasons for non-compliance.

The present Civil Revision Petition has been filed by the petitioner against the order, dated 29.08.2006, made in I.A.No.273 of 2005 in O.S.No.118 of 2002 on the file of the District Munsif-cum-Magistrate, Andipatty.

2. The petitioner herein as plaintiff filed the suit in O.S.No.118 of 2006 for specific performance. When this matter came up for hearing on 13.08.2003, for filing written statement on behalf of the defendants, they have failed to file the same. Therefore, the matter was adjourned to 25.08.2003. On 25.08.2003 also, the defendants had not filed their written statement. Hence, the defendants were all set exparte and passed the exparte order. Against the order of the exparte decree, the defendants 2 and 4 to 6 have preferred a petition before the Sub Court, Periyakulam, to set aside the exparte order dated 25.08.2003, whereas they have filed the said petition on 03.09.2003, as if that the exparte order was passed on 13.08.2003.

3. In the meantime, the jurisdiction of the present suit was shifted to District Munsif cum Magistrate Court, Andipatty and subsequently, the said application to set aside the exparte was numbered by the Munsif Court, Andipatti, as I.A.No.273 of 2005. The petitioner in the above application pleaded that they have labourers and they have left their villages and settled down temporarily at Kerala for the purpose of employment. Due the said reasons, they were not able to give proper instruction to their advocate. Therefore, they were not in a position to file their written statement in time. Hence they pleaded that the non filing of written statement is neither wilful nor wanton.

4. Per contra, the respondent/plaintiff filed counter stating that the suit was set exparte on 25.08.2003, where as the defendants preferred appeal as if the suit was set exparte on 13.08.2003. Though the Court has given enough time to file their written statement and the matter was adjourned from time to time on several occasions, the defendants failed to file their written statement. That is the reason why, the Court below has passed exparte decree on 25.08.2003. The affidavit for set exparte was signed by the defendants on 25.08.2003, which would go to show that the defendants were in station and with the deliberate intention to drag on the matter only, they have not filed their written statement. Though they have signed in the affidavit on 25.08.2003, the application to set aside the exparte was filed only on 03.09.2003. Therefore, there is no justification to allow the present petition to set aside the exparte order.

5. After considering the pleadings, oral and documentary evidence and the arguments advanced on both sides, the lower Court gave a finding stating that merely due to the clerical mistake that exparte decree date was mentioned wrongly as 13.08.2003 instead of 25.08.2003, the petition to set aside the exparte order cannot be dismissed on this ground alone. Further, the petitioners were not in a position to file their application to set aside the exparte decree due to the reason for their employment in Kerala. Accepting the contentions of the petitioners/defendants, the petition in I.A.No.273 of 2005 in O.S.No.118 of 2002 was allowed with costs. Aggrieved by the above order passed by the Court below, the respondent/plaintiff preferred the present appeal.

6. The learned counsel for the petitioner advanced his arguments highlighting that though the petition to set aside the exparte decree was filed on 03.09.2003, the petition was numbered in the year 2005, this will clearly indicates the deliberate intention of the respondents to drag on the matter. Further, the exparte decree was passed by the Sub Court, Periyakulam and the petition for setting aside the exparte decree was ordered by the District Munsif cum Magistrate, Andipatty. When the higher Court was passed the exparte decree, the present petition to set aside the exparte decree was passed by the inferior Court i.e. District Munsif cum Judicial Magis