DR. ROY VIJAYAN Vs. CATHOLIC SYRIAN BANK LTD

JUDGEMENT

(1.) This first appeal is filed against the order dated 3.3.2020 in I.A. Nos. 985/2019 and 986/2019 in O.S.No.526/2011 on the file of the 1st Addl.Sub Judge, Kozhikode. I.A.No.985/2019 is a petition filed under Sec.5 of the Limitation Act for the condonation of delay in filing a petition to set aside the ex-parte decree passed in O.S.No.526/2011.

(2.) The appellants are the defendants in O.S.No.526/2011. The suit was filed by the respondent for realisation of money. The appellants were set ex-parte in the suit and the ex-parte decree was passed on 8.12.2011. Thereafter, the appellants filed two applications as I.A.No.985/2019 and I.A.No. 986/2019 before the lower court. I.A.No.985/2019 was filed to condone the delay of 2698 days in filing the petition to set aside the ex-parte decree, which was numbered as I.A.No.986/2019.

(3.) The main contention of the appellants in the delay condonation petition is that they did not receive any summons in the suit and hence, they could not engage any lawyer. According to the appellants, they came to know about the ex-parte decree only on 20.5.2019. Hence, there is a delay of 2698 days in filing the petition to set ex-parte. According to the appellants, there was no laches on their part in appearing before the lower court. They contended that the summons in the suit was not properly served to them.