M SUBRAMANIAN Vs. A PERIYASAMY

JUDGEMENT

(1.) THE Civil Revision Petition is filed under Section 115 of CPC, as against the order dated 30.08.2007 made in I.A.No,32 of 2006 in O.S.No,259 of 1998 on the file of the District Munsif, Perambalur.) THE revision petitioner/petitioner/plaintiff has filed this Civil Revision Petition as against the order dated 30.08.2007 in I.A.No,32 of 2006 in O.S.No,259 of 1998, passed by the learned District Munsif, Perambalur in dismissing the application under Section 5 of the Limitation Act, praying to condone the delay of 631 days in restoring the main suit to file.

(2.) THE trial Court, while passing orders in I.A.No,32 of 2006 has observed that "even after the respondent/defendant's wife has filed O.S.No,566 of 2004 before the trial Court and even after receiving all the summons he has appeared before Court and even after coming to know of the subsequent case being filed and after coming to know that the case filed by him being dismissed, he has not taken any steps to restore the suit filed by him and in short the trial Court has not accepted the reasons ascribed by the revision petitioner in the affidavit and has resultantly dismissed the same without costs.

(3.) THE Court has paid its anxious considerations to the contentions put forward by learned counsel appearing for the parties and noticed the same.