HIGH COURT OF MADRAS
Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
D.PARTHASARATHY – Appellant
Versus
J. BALASUBRAYALU – Respondent
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.
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