ABHISHEK ENTERPRISES Vs. M.D. OVERSEAS LTD.

JUDGEMENT

(1.) This is an appeal against the order dated 25.9.2012 passed by the learned ADJ in Civil Suit no.1038/2000 (in M. No.3/2012) by virtue of which the application of the appellant under Section 5 of the Limitation Act seeking condonation of delay in filing the application under Order 9 Rule 13 CPC for setting aside ex-parte decree.

(2.) I have heard learned counsel for the appellant and gone through the record.

(3.) The main contention of the learned counsel for the appellant has been that the learned ADJ has fallen into an error by not condoning the delay in filing the application under Order 9 Rule 13 CPC, although, 'reasonable explanation' was given for non-appearance and for not filing any application despite having learnt about the passing of the ex-parte decree. It will be pertinent here to mention that it was not disputed by the appellant that he learnt about the passing of the ex-parte decree in the month of April, 2011 while an application for setting aside ex-parte decree was filed on 6.1.2012 alongwith an application under Order 9 Rule 13 CPC. The ground sought for the period of delay exceeding more than 30 days was explained by contending that the father of the appellant was ill, therefore, the application could not be filed in time.