A DEVADOSS Vs. S TEJRAJ

JUDGEMENT

(1.) THE petitioner/defendant has filed the Civil Revision petition as against the order dated 15.07.2009 made in I.A.No,808 of 2008 in O.S.No,231 of 2003 on the file of the District Munsif court, Thiruvottiyur in dismissing the application filed under Section 5 of the Limitation Act praying to condone the delay of 730 days in filing the application to set aside the Ex parte Decree.

(2.) TO avoid an avoidable delay, and to prevent an aberration of justice, this Court dispenses issuance of notice to the respondent/plaintiff.

(3.) IN the counter filed by the respondent/plaintiff, it is among other things, averred that the petitioner has entered appearance in the suit and he has remained exparte and an Ex pare Decree has been passed as early as on 28.02.2006 and subsequently, E.P.No,8 of 2007 has been filed on 16.11.2006 and on 15.03.2007, the Revision petitioner/Defendant has filed vakalat and entered appearance and has taken time to file counter and therefore, he cannot plead ignorance of the Ex Parte Decree dated 28.02.2006, more so, when he has entered appearance in E.P.No. 8 of 2007 on 15.03.2007 itself and therefore, the reason mentioned by the Revision petitioner is not correct and the same is devoid of merits and therefore, has prayed for dismissal of the application.