S. M. SUBRAMANIAM
K. Prabhakaran – Appellant
Versus
Mr. K. Govindaraj – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, praying to set aside the fair and decreetal order made in I.A.No.1297/2016 in O.S.No.299/2006 on the file of the Principal District Munsif at Alandur.
The Civil Revision Petition has been filed against the fair and decreetal order made in I.A.No.1297 of 2016 in O.S.No.299 of 2006 on the file of the Principal District Munsif at Alandur.
2. The revision petitioner is the first defendant in the suit filed in O.S.No.299 of 2006. The first respondent instituted the suit for permanent injunction and the revision petitioner states that the revision petitioner was set ex-parte and an order was passed on 30.08.2010, due to the nonappearance of the learned counsel, who appeared for the revision petitioner before the trial Court. The revision petitioner states that an ex-parte order passed on 30.08.2010 was known to him only on 10.08.2014. Thus, he was not able to file a petition to set aside the ex-parte order within a period of 30 days and there was a delay of 1789 days in filing a petition for setting aside the ex-parte order.
3. The reasons stated for such a long delay is that the learned counsel,
N. Balakrishnan vs. M.Krishnamurthy (1998) 7 SCC 123
N. Balakrishnan versus M. Krishnamurthy
Ram Nath Sao @ Ram Sahu & Others versus Gobardhan Sap & Others
C. Subraniam versus Tamil Nadu Housing Board rep. by its Chairman And Managing Director
Kandaswamy and four others vs. Krishnamandiram Trust, Karur
Postmaster General and others vs. Living Media India Limited and another) (2012) 3 SCC 563
Ramlal and others vs. Rewa Coalfields Ltd. [AIR 1962 SC 361]
Ajit Singh Thakur Singh and anr. vs. State of Gujarat (1981) 1 SCC 495
G. Jayaraman vs. Devarajan) 2007 (2) CTC 643
K.M. Balasubramaniam vs. C. Loganathan and another) 2011 (2) MWN(Civ) 741
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