O R D E R

(This case has been heard through video conference)

This civil revision petition has been filed challenging the fair and decreetal order dated 07.08.2017 made in IA.No.15313 of 2016 in OS.No11308 of 2009 on the file of the VII Assistant Judge, City Civil Court, Chennai condoning the delay of 1066days in filing the petition to set aside the exparte decree dated 25.10.2013.

2. The revision petitioner is the plaintiff. The plaintiff filed money suit in OS.No.11308 of 2009 directing the defendants to pay a sum of Rs.46,700/- with interest at 18%p.a. from the date of plaint to till date of realisation. Originally, since the defendant did not appeared despite service of summons, he was set exparte and exparte decree was passed on 21.01.2010, subsequently, petition was filed by the respondent/defendant to set aside the exparte decree and the same was allowed on 01.04.2011. Thereafter, the defendant was permitted to file written statement, the written statement was filed and issues were framed and the suit was posted for recording of evidence on 08.07.2013. On 06.08.2013, the petitioner/plaintiff was examined as PW1 and the case was posted for cross examination of PW1 on 19.08.2013. Since, the plaintiff/PW1 was not cross examined by the defendant, the case was posted to 03.09.2013. On 03.09.2013, at request of the defendant the case was posted to 11.09.2013, even on 11.09.2013, the defendant took time and again the case was posted on 20.09.2013. Even on that day adjournment was sought for by the defendant and thereby the case was posted on 04.10.2013. On 04.10.2013, there was no representation for the defendant. The evidence on the side of the plaintiff was closed and case was posted for arguments, thereafter, the case was posted on 08.10.2013 and 09.10.2013 and since, there was no representation for the defendants and the case was posted on 10.10.2013, the trial Court after hearing the arguments of both sides reserved the judgment and passed the judgment and decree on 25.10.2013. Thereafter, EP.No.1542 of 2014 was filed by the plaintiff for attachment of salary on 20.01.2014, thereafter, EP was listed on 14.03.2014 to 06.07.2016 for service of notice and ultimately, the defendant took notice and appeared before the Court and took time for filing counter on 05.08.2016. Thereafter, the defendants had requested the matter to be referred to Mediation and the EP Court had referred the case for Mediation on 07.09.2016. The defendants appeared for Mediation but refused to settle the case and thereby the EP was posted before the Court on 26.10.2016 for payment. Whileso, the defendant without making the payment had filed the petition on 25.10.2016 to set aside the exparte decree dated 25.10.2013 and to condone delay of 1066days. The reason for delay in filing the petition was that the defendants was suffering from heart disease and hospitalised and he was unable to let in evidence on his side and thereafter, he had undergone heart surgery. Therefore, the petition was filed seeking to condone the delay of 1066days. The plaintiff had filed counter stating that it was not an exparte decree and that he was originally set exparte and thereafter the exparte decree was set aside and thereafter the defendant appeared through the counsel and filed written statement, since, he was not cross examined PW1, a decree was filed. It was further stated by the plaintiff that the defendant was employed in responsible post in Reserve Bank of India and that no documents had been filed to support the claim that he underwent heart surgery and hospitalised and that if he was really hospitalised he could have filed supportive documents regarding his admission and leave availed from Reserve Bank of India. It was further contended that though the petitioner was aware of the exparte decree even as early as 05.08.2016, after receipt of notice from the EP Court, the petition had been filed only on 25.10.2016 and the petition was filed without any sufficient cause