VELAYUDHAN PARAMESWARAN ALIAS SIVAN Vs. PADMAVATHY AMMA

JUDGEMENT

(1.) THIS second appeal is preferred by the 4th defendant challenging judgment and decree in A.S.No.18 of 2001 of the Sub Court, Cherthala. That appeal arose from the exparte judgment and decree of the Additional Munsiff's Court, Cherthala in O.S.No.98 of 1987.

(2.) RESPONDENTS 1 and 2 filed the suit against the appellant/4th defendant and others seeking a decree for eviction. That suit ended in an exparte decree. Appellant filed A.S.No.18 of 2009 with a delay of 971 days. The application was opposed by respondents 1 and 2. Learned Sub Judge by order dated 14.03.2011 dismissed I.A.No.199 of 2009 holding that the delay is not explained. Consequently, A.S.No.18 of 2009 also was dismissed. Hence the second appeal.

(3.) THE delay involved in filing the appeal is of 971 days. The reason stated is that the appellant was taking recourse to the provisions of Rule 13 of Order IX of the Code of Civil Procedure and hence, there happened to be a delay.