AVANAVANCHERRY KSHETHRA VIKASANA SAMITHI Vs. UNNIKRISHNAN NAIR

JUDGEMENT

(1.) THIS appeal arises from the orders in I.A. Nos.1830 & 1831 of 2010 in O.S. No.120 of 2005 on the file of the Sub Court, Attingal. These applications have been filed praying to set aside the ex parte decree as well as to condone the delay of 142 days in filing the application for setting aside the ex parte decree.

(2.) WE heard the learned counsel Sri.G.S.Raghunath for the appellant and the learned counsel Mr. M. Dinesh appearing for the respondent.

(3.) THE learned counsel for the appellant pointed out that defendant Nos.2 to 15 were the former office bearers of the samithi and they have lost their power and in the fresh election another samithi has been elected. It is also the plea of the appellant that after the election, the original defendants have withdrawn their written statement in collusion with plaintiff and accordingly, the suit was decreed. Much later only, the above fact came to the knowledge of the appellant and immediately, the application to set aside the ex parte decree was filed along with the petition to condone the delay.