GANESAN Vs. GOPAL

JUDGEMENT

(1.) Animadverting upon the order dated 03.09.2009 passed in I.A.No.83 of 2009 in O.S.No.208 of 2006 by the I Additional District Munsif Court, Bhavani, this civil revision petition is focussed.

(2.) Heard both sides.

(3.) Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this revision would run thus: The respondent/plaintiff herein filed the suit for partition. Even though the revision petitioners/defendants herein entered appearance, no written statement was filed, whereupon ex parte decree was passed. Subsequently, final decree application was filed by the plaintiff, whereupon notice was received by the revision petitioners herein. Even after receipt of the notice, no immediate steps have been taken to get the ex parte preliminary decree set aside. However, subsequently, application under Section 5 of the Limitation Act was filed to get the delay of 935 days condoned in filing the application to get the ex parte preliminary decree set aside. After hearing both sides, the lower Court, dismissed the application. Being aggrieved by and dissatisfied with the same, this revision has been filed on various grounds.