HANSRAJ Vs. SANDHYA E.RAO

JUDGEMENT

(1.) THE appellant was the defendant in S.C.No.2251/2003. THE respondent-plaintiff had filed S.C.No.2251/2003 for a decree of eviction and recovery of arrears of rent. THE appellant after filing written statement did not participate in the proceedings. THErefore, learned trial Judge passed exparte decree on 29.06.2006. THE respondent filed Execution Petition No.313/2010 to execute the decree made in S.C.No.2251/2003. On receipt of cause notice in Execution Petition No.313/2010, the appellant realised exparte decree made in S.C.No.2251/2003, therefore the appellant filed Misc. No.148/2010 to set aside the exparte decree made in S.C.No.2251/2003. THE petition was resisted by respondent herein.

(2.) THE learned trial Judge recorded evidence. THE learned trial Judge on appreciation of evidence has held that appellant has failed to establish sufficient cause for condonation of delay and also failed to satisfy the court that he had been prevented from sufficient cause from appearing before the court on the date decree was made.

(3.) THE learned trial Judge on appreciation of oral and documentary evidence has held that appellant has failed to establish sufficient cause for condonation of delay and appellant has failed to satisfy the court that he had sufficient cause for not participating in the further proceedings in S.C.No.2251/2003.