ABDUL KHADER Vs. RAPHEAL T GEORGE

JUDGEMENT

(1.) The appellant is the 1st defendant in O.S.No.44 of 2015, which was one filed by respondents 1 and 2 herein, against the appellant for realisation of a sum of Rs.20,00,000.00, together with interest and cost. In that suit, the defendants were set ex parte and an ex parte decree was also passed on 5/1/2017. Seeking an order to set aside that ex parte decree, the appellant1 st defendant filed R.P.I.A.No.20 of 2022, invoking the provisions under Order IX, Rule 13 of the Code of Civil Procedure, 1908, along with I.A.No.1 of 2022, which is an application filed under Sec. 5 of the Limitation Act, 1963, seeking an order to condone the delay of 2110 days in filing the former application. Those applications ended in dismissal by the common order dtd. 23/12/2022 for the reasons stated therein. The said order is under challenge in this appeal filed invoking the provisions under Order XLIII, Rule 1(d) of the Code of Civil Procedure.

(2.) On 29/3/2023, when this appeal came up for admission, this Court admitted the matter on file. The respondents entered appearance through counsel.

(3.) Heard the learned counsel for the appellant-1st defendant and also the learned counsel for the respondents plaintiffs.