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2018 Supreme(Mad) 4132

P.T.ASHA
Natrajan Son of Sellakutti, Vellore District – Appellant
Versus
Balasundaram Son of Sellkutti – Respondent


Advocate Appeared:
For the Petitioner:Sahana, V. Raghavachari, Advocates.
For the Respondents:K.R.N. Balamurugan, Advocate.

JUDGMENT :

1. The above Civil Revision Petition is filed challenging the order of the learned Additional District Munsif, Vandavasi, in I.A.No.214 of 2007 in O.S.No. 153 of 2003, wherein the learned Additional District Munsif Judge, has dismissed the application filed by the revision petitioner/plaintiff to condone the delay of 174 days in filing the petition for restoring the suit, which has been dismissed for default.

2. The revision petitioner had filed the suit for declaration that the suit property belongs to both himself and the respondents 1 to 3 herein and for a direction to the fourth respondent to handover the possession to the revision petitioner and respondents 1 to 3 herein. It appears that when the suit was listed for hearing on 16.06.2006, the revision petitioner/plaintiff was not present and therefore, the suit was dismissed for default. The plaintiff has come forward with an application to restore the suit with an application to condone the delay of 714 days and in the affidavit filed in support of the said petition, the revision petitioner would contend that he had stayed in his daughter's house in Chennai and that since he was unwell, he was not able to contact his







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