RADHAKRISHNAN. C. Vs. SUNDARAN

JUDGEMENT

(1.) The petitioner, who is the defendant in O.S.No.256/2012 on the file of the Principal Sub Court, Palakkad is before this Court in this Original Petition filed under Article 227 of the Constitution of India, seeking an order to set aside Ext.P2 order of the said court in I.A.Nos.714/2015 and 715/2015 in O.S.No.256/2012 and Ext.P3 order of the District Court, Palakkad in C.M.A.No.94 of 2016.

(2.) The facts of the case, as borne out from the pleadings and materials on record, would show that O.S.No.256/2012 was one filed by the respondent/plaintiff for return of advance money based on a sale agreement alleged to have been executed by the petitioner/defendant. Despite service of summons, the petitioner/defendant did not appear in court. Accordingly he was set ex parte and an ex parte decree was passed against him on 31.10.2012.

(3.) The defendant filed I.A.No.715/2015, under Order IX Rule 13 of the Code of Civil Procedure, 1908 for setting aside the ex parte decree and the said application was accompanied by I.A.No.714/2015, under Section 5 of the Limitation Act, 1963 for condonation of the delay of 764 days in filing I.A.No.715/2015. The said applications were filed on 5.3.2015.