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2021 Supreme(Mad) 1662

KRISHNAN RAMASAMY
Indhirani Ammal – Appellant
Versus
Rajiv Gandhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V. Suguna, Advocate.
For the Respondents:Sasikala Ramadoss, Advocate.

JUDGMENT :

(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, prayed to set aside the order dated 30.01.2015 made in I.A.No.38 of 2014 in O.S.No.292 of 2010 on the file of the First Additional District Munsif cum Judicial Magistrate No.1, Ulundurpet.)

1. This Civil Revision Petition has been filed against the dismissal order dated 30.01.2015 passed by the Court below in I.A.No.38 of 2014, seeking to condone the delay of 834 days in filing the application to set aside the ex-parte order.

2. The reason assigned by the revision petitioners for the delay was that their Lawyer failed to inform them about filing the written statement and the date of hearings periodically. Due to the communication gap between their Lawyer and the revision petitioners, the delay had occurred in filing the written statement, which was neither willful nor wanton. However, the Court below elaborately dealt with the reason assigned by the revision petitioners by referring various judgments and ultimately found that the reason assigned was not cogent and proper. Therefore, the Court below refused to condone the delay.

3. The learned counsel appearing for the respondent Nos.2 an

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