1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.06.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P(NPD)(MD)No.1121 of 2011 Chellian Gnanadhas ..Revision Petitioner/ Petitioner/Defendant -vs- A.S.S.Benefit Fund Ltd., Koonalumoodu,Karungal Rep.by its Managing Director C.Dharmaraj, Chekkitavilai Veedu, Mangarai Post,Paloor Village, Vilavancode Taluk, Kanayakumari District. ..Respondent/Respondent/Plaintiff PRAYER: Civil Revision Petition filed under Section 115 of Code of Civil Procedure to set aside the Order and Decreetal order made in I.A.No.209 of 2010 in O.S.No.253 of 2000, dated 28.01.2011 on the file of the Principal District Munsif Court,Kuzhithurai. For Petitioner :Mr.C.Godwin ORDER The judgment debtor is before this Court challenging the order passed in the application to condone the delay of 3017 days in filing the application to set aside the ex-parte decree. 2.The respondent/plaintiff filed a suit for recovery of money and the said suit was decreed ex-parte on 29.12.2011. Pursuant to the decree, the property of the judgment debtor was sold as per the order passed in E.P.No.25 of 2005 and the Sale Certificate was issued on 06.01.2009, to the auction purchaser and till that time the petitioner was sleeping over the matter. Thereafter also, after a lapse of one year i.e. on 08.02.2010, the petitioner woke up and filed a petition along with the condone delay of 3,017 days in filing the application to set aside the ex-parte decree. The reason given by the petitioner is that he entrusted the case to one Advocate who did not inform about the case resulting in passing of ex-parte decree. Moreover, he contended that he was residing in Tirunelveli away from his native place and therefore he did not know passing of ex-parte decree. 3.The respondent filed counter denying the allegations made in the affidavit and it was contended that the petitioner was residing in the address shown in the plaint and never resided in Tirunelveli district and he is an Advocate and also President of Killiyoor Panchayat Town Panchayat. In the year 2006, he got elected as Panchayat President and as on date, he continues as President. It is also contended in paragraph '5' of the counter affidavit filed by the petitioner that he knew about the passing of ex-parte decree and participated in the execution proceedings for the sale till the termination of execution proceedings on 06.01.2009. https://hcservices.ecourts.gov.in/hcservices/ 2 4.After hearing both parties, the Court below dismissed the application observing that the petitioner is an Advocate and therefore, he cannot say that he was not informed by the counsel about the ex-parte decree. Ex.R1 filed by the respondent established that the petitioner was a Panchayat President of Killiyoor Town Panchayat and therefore, the contention that he was in Tirunelveli, was not believed by the trial Court rightly. The trial Court also noted that no document is available to prove that the petitioner is residing in Tirunelveli. 5.That apart, the suit was filed in the year 2000; the decree was passed in the year 2001; E.P. was filed in the year 2005 and the property was auctioned and the sale was effected and the sale certificate was also issued on 06.01.2009. The third party purchaser was also delivered possession. When the things stand so, it is very difficult to believe that the petitioner did not know about the passing of ex-parte decree which was passed nine years ago. As a counsel he must be knowing the consequences and he cannot say that for nine years, he did not have any contact with his Advocate. 6.The present proceeding filed by the petitioner is nothing but abuse of process of law. When the decree was already executed and the E.P was terminated nothing survives and the matter cannot be reopened by filing the petition along with a condone delay petition. The petition itself is not maintainable and therefore this Court finds that the trial Court rightly dismissed. Hence the order of trial Court is confirmed and accordingly, the Civil Revision Petition is dismissed. No costs. SD/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar (CS) To The Principal District Munsif Court, Kuzhithurai. +1 CC to Mr.C.Godwin, Advocate, SR.No.19531 gsr C.R.P(NPD)(MD)No.1121 of 2011 22.06.2011 TR : 05.07.2011 : 2p/3c https://hcservices.ecourts.gov.in/hcservices/