enjoyment of the suit property. The suit was resisted by the respondent/defendant therein and the plaintiff filed Ex.P1 to Ex.P6 and a petition was filed by the respondent/defendant therein to cross examine the plaintiff and the said petition was ordered and the plaintiff has to be cross examined on 06.02.2018. However, on the said date, the plaintiff was not present, which resulted in dismissal of the suit. As against the same, an interlocutory application was filed by the plaintiff with a delay of 359 days by submitting that since the plaintiff was suffering from eye deficiencies and was also suffering the age related ailments and he had undergone surgery in the eye, he could not appear on the said date and that he came to know about the dismissal of the suit against him only after he spoke with his counsel on 03.02.2019. Though he ought to have filed the application for restoration on 05.03.2018, since he came to know about the dismissal only on 03.02.20219, a delay of 359 days had occurred for filing the application for restoration and in the above circumstances, prayed for allowing the petition for restoration.
