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2007 Supreme(Mad) 1907

M.CHOCKALINGAM
T. Indira – Appellant
Versus
R. Deepa – Respondent


Advocates:
For the Petitioner:N. Kannan, Advocate. For the Respondent:I.C. Vasudevan, Advocate.

Judgment :-

Challenge is made to an order of the learned Subordinate Judge, Erode, dismissing an application in I.A.No.43/2006 seeking to condone the delay of 557 days in making an application to set aside an ex-parte decree passed in O.S.No.326/2003.

2.The Court heard the learned Counsel on either side.

3.The respondent/plaintiff filed a suit in O.S.No.326/2003 against the revision petitioner and her children alleging that the husband of the petitioner herein had executed a promissory note for a sum of Rs.1.00 lakh; but, it was not repaid, and thus, the defendants were liable to pay. After it was taken on file, due to the non-appearance, the defendants were set ex-parte, and an ex-parte decree came to be passed on 6. 2004. The petitioner along with the minor children filed an application to set aside the ex-parte decree and along with that, they filed the instant application in I.A.No.43/2006 to condone the delay of 557 days which occasioned in making the other application. On contest, the application was dismissed. Hence, this revision before this Court.

4.The learned Counsel appearing for the revision petitioner would submit that no one of the defendants executed the promissory n





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