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2007 DIGILAW 2168 (MAD)

M. Ramasamy v. Papa & Others

2007-07-13

M.CHOCKALINGAM

body2007
Judgment :- Challenge is made to the order of dismissal of the application in I.A.No.76 of 2004 whereby the delay of 491 days has occasioned in making the application for setting aside the exparte final decree passed in O.S.No.156 of 1993 . 2. Heard the learned counsel for the petitioner. Despite service of notice, there is no representation on behalf of the respondents. 3. Affidavit filed in support of the petition in the said application is perused. There are five defendants in which defendants 3 to 5 have filed their counter and contested the matter. The petitioner herein is the second defendant. He was set exparte and final decree has been passed. After final decree has been passed, the petitioner/second defendant has filed an application for setting aside the exparte decree with a delay of 491 days. The lower Court has rightly rejected the said application on the ground that no acceptable reason is given in the affidavit filed in support of the petition for condoning the delay. 4. Considering the facts and circumstances of the case, the Civil Revision petition is dismissed. No costs. Consequently, M.P.No,.1 of 2007 is also dismissed.