ORDER :

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 01.04.2022 in I.A.No. 09/2021 in O.S.No.109/2017 passed by the Principal District Judge, Krishnagiri.

The suit was instituted for partition. The plaintiff and the defendants are relatives and coparceners. The suit was instituted for partition in the year 2017. Summons served to the defendants, including the revision petitioner, who is the second defendant in the suit. Since the revision petitioner failed to file written statement within the time limit, he was set exparte on 28.02.2018. Even thereafter, the revision petitioner has not approached the court to set aside the ex-parte order. He waited for more than 2 ½ years and filed an interlocutory application in I.A.No. 9 of 2021 under Order IX Rule 7 CPC read with Section 151 of C.P.C. seeking to set aside the ex-parte order, passed against the revision petitioner in the suit on 28.02.2018.

2. Question arises whether such a long delay needs to be condoned by the trial court. Admittedly, the revision petitioner was set ex-parte on 28.02.2018 and the interlocutory application to set aside the ex-