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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
Muthammal (died) – Appellant
Versus
B.Krishnamurthy Naidu (died) – Respondent
| Table of Content |
|---|
| 1. court's right to condone delay. (Para 1 , 2) |
| 2. arguments regarding the defendant’s awareness and ability to appear. (Para 3 , 4) |
| 3. court's rationale for no limitation in cpc applications. (Para 5 , 6 , 7) |
| 4. conclusion that no infirmity exists in the lower court's order. (Para 8) |
ORDER
This Civil Revision Petition is directed as against the order and decretal order passed in I.A. No.1048 of 2016 in O.S.No.13 of 2005 dated 22.11.2016 on the file of the learned Additional District Munsif, Tindivanam, thereby, allowing the petition to condone the delay in filing the application to set aside the ex-parte order.
2. The petitioners are the plaintiffs and the first respondent is one of the defendants. The petitioners filed the said suit for partition. Pending, the suit, the deceased/second defendant failed to appear before the trial Court on 11.02.1998 and as such, he was set ex-parte. He fell ill, due to diabetic. In fact, some of the fingers on his both legs amputated and after his sons and daughters marriage no one is there to look after him. Therefore, he could not be able to appear before the trial Court and failed to file his written statement. He filed a petition to
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