ORDER

This Civil Revision Petition has been filed by the petitioner challenging the order passed by the Court below dismissing the petition filed by him seeking to set aside the ex-parte Order dated 15.12.2021 passed against him in the main suit.

2. The first respondent herein filed a suit for partition against the other respondents claiming 1/3rd share in the suit property in O.S.No.287 of 2004 on the file of the Principal District Judge, Vellore.

3. When the suit was pending, at the stage of cross-examination of DW1, two Interlocutory Applications were preferred by one of the defendants for filing additional written statements to include certain properties which were not mentioned in the plaint schedule and for impleading of a third party in whose name the said property sought to be included by way of additional written statements stands in I.A.Nos.242 & 243 of 2005.

4. The said I.As. were dismissed by the Trial Court, but, on revision, the petitions were allowed by this Court. Challenging the order passed in revision, SLP (Civil) Nos.13188/13190 of 2021 were preferred. The Hon'ble Apex Court allowed the Civil Appeal Nos. 4999-5001 of 2021 (Arising out of SLP (Civil) Nos.13188/13190 of 2021) and set aside the order of this Court by restoring the order passed by the Trial Court in respect of I.A.Nos.242 & 243 of 2005.

5. The Hon'ble Apex Court while disposing the above appeals, taking into consideration of the disturbing feature that the present suit for partition has been pending for the past 24 years observed that the Trial Court shall do well to conclude the proceedings as early as possible and preferably within a period of six months from the date of receipt of a copy of that Order. It was also observed by the Hon'ble Apex Court that the Trial Court shall not entertain any such interim applications thereafter. The relevant observations of the Hon'ble Apex Court are as follows:

...15. One disturbing feature which emerges from the present facts is that the suit for partition is pending for last 24 years and repeated applications are being preferred by the defendants. The record also shows that the cross-examination of respondent No.1 was in progress when these applications came to be filed one after the other. We may observe that the trial court shall do well to conclude the proceedings as early as possible and preferably within six months of the receipt of copy of this order. We may also observe that the trial court shall not entertain any such interim applications hereafter.

6. Thereafter, the Trial Court in obedience to the Order passed by the Hon'ble Apex Court tagged all the interlocutory applications along with the main suit and decided to consider those applications along with the main suit. However, the petition in I.A.No.124 of 2007 for impleading the present revision petitioner as one of the defendants in the suit alone was taken up for consideration. In the impugned order, the Trial Court observed that the said application was taken up for consideration upon the consent given by both the sides. The Trial Court allowed the I.A.No.124 of 2007 by Order dated 19.11.2021 and the present revision petitioner was brought on record as the 13th defendant in the suit.

7. After impleadment, suit summon was served on the revision petitioner and owing to his non appearance, he was set ex-parte vide order dated 15.12.2021. Thereafter, the DW2 was examined and the suit stands posted for further proceedings. In the meantime, the timelimit fixed by the Hon'ble Apex Court had expired. It was observed by the Court below that extension of time was obtained by it by making a specific request to the Hon'ble Apex Court. When the suit is posted for further evidence on the defendant's side, the petitioner herein filed the instant application in I.A.No.11 of 2022 for setting aside the ex-parte order passed against him on 15.12.2021. The instant application has been filed by the revision petitioner on 29.08.2022.

8. The revision petitioner in his a