B. Rajendran, J.—The Appellant has come forward with this Appeal against the order dated 18.2.2010 dismissing his Application No.3447 of 2008 in C.S. No. 923 of 2002 which was filed for condoning the delay of 1281 days in setting aside the ex parte decree dated 29.12.2004 passed in the suit.

2. According to the Appellant, he, alongwith the First Respondent carried on partnership business for mining and quarrying granite blocks as per the Memorandum of Understanding entered into between them as early as on 6.6.1996. The partnership business was stopped on and from August 1996 due to misunderstanding between the partners. Thereafter, based on a Complaint given by the First Respondent herein to the Police complaining non-payment of amount, the Appellant was arrested. During his Police custody, at the instigation of the Respondents herein, the signatures of the Appellant were obtained in blank papers and it was utilised by the Respondents to file the Suit in C.S. No.923 of 2002 against the Appellant. The Appellant would further contend that he came to know about the ex parte decree dated 29.12.2004 passed in the suit only when he returned from Andhra Pradesh to Chennai and found