O R D E R

The plaintiffs in O.S.No.116 of 1999 on the file of the District Munsif Court, Nilakkottai are the revision petitioners herein.

2.The above said suit was filed for the relief of permanent injunction not to disturb their possession. When the suit was posted for trial, due to non-appearance of the plaintiffs, it was dismissed for default on 08.02.2010. The restoration application was filed on 04.03.2010 and the same was returned for rectification of certain defects. However, the restoration application was represented with a delay of 1359 days to condone the delay in representation, I.A.No.84 of 2013 was filed. The said application was dismissed by the trial Court. Challenging the same, the present civil revision petition has been filed.

3.According to the revision petitioner, the restoration application was filed in time, but there was a delay in only representing the papers.

Therefore, a liberal view ought to have been taken by the trial Court.

4.Per contra, the learned counsel for the respondents/defendants had strongly objected to the submissions made by the learned counsel for the petitioners and he contended that previously the suit was dismissed for default on 02.12.2008