The Civil Revision Petition is filed against the order dated 20.04.2010 made in I.A.No.48 of 2009 in H.M.O.P.No.70 of 1999 on the file of the Subordinate Court, Neyveli.
2. The petitioner is the husband and respondent is the wife. The petitioner filed H.M.O.P.No.70 of 1999 against the respondent for divorce on the ground of cruelty and desertion. The respondent entered appearance through advocate and is contesting the said H.M.O.P. Trial commenced. The petitioner filed proof affidavit on 24.02.2004. When the H.M.O.P. was posted for cross examination by the respondent on 09.03.2004, the respondent did not cross examine the petitioner. The respondent was set exparte on 09.03.2004 and exparte decree was passed on 12.10.2004. The respondent filed I.A.No.48 of 2009 to condone the delay of 325 days in filing the petition to set aside the exparte order dated 09.03.2004.
3. According to the respondent, while going to reserve ticket in the Train to go to Chennai, one week earlier to the date of hearing, she met with an accident and therefore, she could not move about and she did not inform her Advocate to give instructions to cross examine the petitioner. The petitioner filed counter affidavit and denied the averments filed in support of the said application. The learned Judge accepting the reason given by the respondent, allowed the application.
4. Against the said order dated 20.04.2010 made in I.A.No.48 of 2009 in H.M.O.P.No.70 of 1999, the present Civil Revision Petition is filed by the petitioner.
5. Heard the learned counsel for the petitioner as well as respondent and perused the materials available on record.
6. From the materials on record, it is seen that the respondent was set exparte on 09.03.2004 and the exparte decree was passed on 12.10.2004. The respondent has filed an application on 31.10.2007 to condone the delay of 325 days in filing the petition to set aside the exparte order dated 09.03.2004. The said application was numbered only in the year 2009. From the affidavit filed in support of the above I.A, it is seen that the respondent has not given any details as to how the delay is, only 325 days, while the application to set aside the exparte order passed on 09.03.2004 and application was filed in the year 2007. The respondent has not filed any application to set aside the exparte decree dated 12.10.2004. Further, the reason given by the respondent to condone the delay is not sufficient and valid reason. The learned Judge has not properly appreciated the materials on record and committed illegality in allowing the application and therefore the order of learned Judge is liable to be set aside.
V.M.VELUMANI, J.
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7. In the result, the order dated 20.04.2010 passed in I.A.No.48 of 2009 is set aside and the Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.