ORDER :

This Civil Revision Petition is directed against the fair and decretal order passed in I.A.No.778 of 2014 in O.S.No.269 of 2009 dated 28.04.2017 on the file of the learned Subordinate Judge, Tambaram, thereby allowing the petition to condone the delay in filing the application to set aside the ex-parte decree.

2. The petitioner is the plaintiff and the respondent is the defendant. The petitioner filed a suit for recovery of money. While pending the suit, the respondent after receipt of notice, failed to appear before the trial Court and as such, he was set ex-parte on 20.01.2010. He filed a petition in I.A.No.735 of 2010 to set aside the ex-parte order and the same was allowed. The respondent also filed a written statement along with the petition to set aside the ex-parte order. Thereafter, the trial commenced and the petitioner was examined as P.W.1 and Exs.A.1 to A.3 were marked. Thereafter, the suit was posted for cross examination. The respondent did not cross examine P.W.1 on several occasions and at the request of the respondent, the suit was adjourned on so many occasions. Thereafter, he was absent before the trial Court and as such, again he was set ex-parte and the ex-parte decree was passed on 26.06.2013. Thereafter, the respondent come forward with the petition to set aside the ex-parte decree with a delay of 364 days.

3. On a perusal of the affidavit filed in support of the petition to set aside the ex-parte order in I.A.No.735 of 2010 and the affidavit filed in support of the present petition to condone the delay of 364 days in filing the application to set aside the ex-parte decree in I.A.No.778 of 2014, the averments are one and the same. The relevant portion of both affidavits as follows:-

“4. I submit that I have receive private notice, however I have not received any application or plaint in the above suit and several times my counsel represented before this Hon'ble Court to furnish plaint copy but I could not get it and I was unable to file the written statement, moreover I am aware of the relief sought for by the plaintiff in the suit.

5. I submit that the above suit was called and I was called absent and set ex-parte and ex-parte order was passed against me. I submit that I working in Fire Service Department I was posted in North Madras and I have to attend duty in the every day morning at 6.00 a.m., therefore I could not contact my counsel and filed the written statement in time. The non-filing of written statement is neither wilful nor wanton, but due to the reasons stated above. Hence it is just and necessary to set aside the ex-parte order passed against me and permit me to file written statement and contest the case on merits. Otherwise, I will be put to irreparable loss and hardship. No prejudice would be caused to the respondent/plaintiff in this application being allowed.

4. I submit that I have receive private notice, however I have not received any application or plaint in the above suit and several times my counsel represented before this Hon'ble Court to furnish plaint copy but I could not get it and I was unable to file the written statement, moreover I am aware of the relief sought for by the plaintiff in the suit.

5. I submit that the above suit was called on 26.06.2013 and I was called absent and set ex-parte and ex-parte order was passed against me. I submit that I working in Fire Service Department I was posted in North Madras and I have to attend duty in the every day morning at 6.00 a.m., therefore I could not contact my counsel and filed the written statement in time.”

4. It is nothing but cut and paste act and no other reasons have been stated by the respondent to condone the delay of 364 days in filing the petition to set aside the ex-parte decree.

5. The learned counsel for the petitioner submitted that the respondent filed a false affidavit containing concocted stories and failed to state any sufficient cause to condone the delay of 364 days. The petitioner filed the suit for recov