ANANDAVALLIYAMMA Vs. KERALA HOUSING FINANCE LTD.

JUDGEMENT

(1.) This appeal is filed by the defendants in O.S.No.106 of 2013 on the file of the Sub Court, Pathanamthitta. They filed IA No.833 of 2016 along with IA No.834 of 2016 seeking to set aside the ex-parte decree in the suit and to condone the delay of 931 days. The Sub Court dismissed the applications by separate orders dtd. 29/9/2018. Challenging the order in IA No.833 of 2016, the appellants have preferred this appeal under Order XLIII, Rule 1(d) of the Code of Civil Procedure, 1908.

(2.) The case of the appellants is that on receipt of summons in the year 2013 in O.S.No.106 of 2013, the appellants/defendants entrusted vakalath and concerned documents to Adv.Rino Vadakkethara, but, the Advocate failed to inform about the progress of the case and it is only on 10/9/2016, when the appellants/defendants received a copy of execution petition filed before the Sub Court, Chengannoor, they came to know about the ex parte decree. On getting notice in the execution petition, they filed I.A.No.833 of 2016 along with IA No.834 of 2016 in O.S.No.106 of 2013, whereby, they maintained that there was no laches or negligence on their part.

(3.) The respondent-plaintiff filed a counter statement denying the said contentions of the appellants-defendants. The respondent-plaintiff would contend that the defendants had received the summons in the suit and it was the duty of the defendants to file written statement and contest the case. Further, it was contended that there is a delay of 931 days in filing the application and no satisfactory reasons have been given for the delay and that the appellants/defendants are deliberately prolonging the matter by filing Interlocutory Applications, and therefore, there is laches and negligence on their part.