PREMA Vs. G. THAMPI AND ORS.

JUDGEMENT

(1.) THIS revision is in challenge of the order dated 20.09.2012 on I.A. No. 4854 of 2010 in O.S. No. 2599 of 1992 of the II Additional Munsiff's Court, Thiruvananthapuram. Petitioner who is the 6th defendant wanted the exparte decree in that case to be set aside and filed I.A. No. 4855 of 2010 for that purpose. Since there was a delay of 5359 days in filing the said application, he also filed I.A. No. 4854 of 2010 for condonation of the delay stating various reasons.

(2.) LEARNED Munsiff, by order dated 20.09.2012 dismissed I.A. No. 4854 of 2010 and refused to condone the delay. Consequently, the same day I.A. No. 4855 of 2010 was also dismissed. The order dated 20.09.2012 on I.A. No. 4854 of 2010 is under challenge in this civil revision.

(3.) IT is conceded by the learned counsel that the learned Munsiff passed orders on I.A. Nos. 4854 and 4855 of 2010 on the same day. May be, dismissal of I.A. No. 4855 of 2010 without going into the merit of the contentions raised therein was due to the dismissal of I.A. No. 4854 of 2010. For whatever reason it be, the request made vide I.A. No. 4855 of 2010 to set aside the exparte decree is disallowed by an appealable order.