S RAMAKRISHNAN Vs. S RAJESWARI

JUDGEMENT

(1.) CHALLENGING the order dated 16.07.2009 passed in I.A.No.505 of 2008 in O.S.No.10 of 2003 on the file of the Subordinate Judge, Thiruvallur, this Civil Revision has been preferred.

(2.) THE petitioners herein had filed an Interlocutory Application, under Section 5 of the Limitation Act, to condone the delay of 1128 days in filing a petition, under Order IX Rule 13 CPC, to set aside the ex-parte decree dated 09.07.2005. According to the learned counsel appearing for the respondent / plaintiff, in the accompanying affidavit filed in supporting the petition filed under Section 5 of Limitation Act, no reason has been assigned by the petitioners to condone the inordinate delay of more than three years.

(3.) IN Ramon Services Pvt. Ltd., vs. Subhash Kapoor, reported in AIR 2001 SC 207, the Honourable Supreme Court with regard to professional duty of Advocate has held as follows :