The revision petitioners are defendants in O.S.No.71/2000 on the file of the District Munsif, Thiruppattur. When the matter was posted for examination of defendants side witnesses, the revision petitioners were not able to attend the Court. Hence, the suit was allowed. Ex parte decree was passed. Since the revision petitioners were engaged in attending their ailing father at Apollo Hospital, Madurai, they were not able to attend the Court resulting in ex parte decree against them. When they came to know about the ex parte decree, they filed an application under Section 5 of the Limitation Act with the delay of 26 days. That application was dismissed by the Trial Court citing that though six adjournments were granted to the defendants to cross examine the plaintiff, they failed to avail the opportunity of cross examining the plaintiff. Hence, ex parte decree was passed against them. The reason for non appearance and the alleged illness of their father and getting treatment as inpatient in Apollo Hospital not been substantiated through document available. On this reasoning, the condone delay petition was dismissed which has lead to filing of this revision petition.
2.The suit which is of the year 2000 decreed ex parte in the year 2004 sought to be set aside with the delay of 26 days was declined by the Trial Court. As a consequence, this revision petition filed in the year 2005 and pending for 12 years.
3.Now the counsel for the revision petitioners submits that the suit is for recovery of rental arrears for 19 months and vacant possession. Pursuant to the direction of this Court, the entire rental amount to the tune of Rs.82,800/- has been paid to the respondent herein. Hence, no prejudice will be caused to the defendants if ex parte decree is set aside and opportunity is given to the revision petitioner to contest the suit on merits.
4.Considering the nature of plea and the relief sought in the main suit, this Court is of the opinion that the Trial Court has pedantically dismissed Section 5 application filed to condone the delay of 26 days thereby prevented the defendants from contesting the matter on merits.
5.To give an opportunity to the defendants to contest the case on merits, this Civil Revision Petition is allowed and the order passed in I.A.No.251/2005 dated 29.06.2005 is set aside. The defendants shall cross examine the plaintiff side witnesses on the day when witnesses present and should not take any adjournment for cross examining the plaintiff side witnesses. The defendants shall also furnish a list of their witnesses to the Trial Court and examine the witnesses on day-to-day basis. The Trial Court is directed to give priority to this case and dispose it of at the earliest preferably not later by 30.12.2017.
With the above directions, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
To The District Munsif Court, Tiruppattur..