R.THANDAPANI Vs. N.EZHUMALAI

JUDGEMENT

(1.) The respondent filed a suit against the petitioner in O.S.No. 780 of 2009 on the file of the Principal District Munsif, Pondicherry for recovery of money. The said suit was decreed ex parte on 25.03.2010. The respondent filed execution petition to realise the decreed amount and notice was also served on the petitioner. After receipt of the said notice, the petitioner has filed an application in I.A.No. 2658 of 2011 under Section 5 of Limitation Act to condone the delay of 378 days in filing petition to set aside the ex parte decree under Order IX ,Rule 13 of CPC. The trial Court had dismissed the said application. Challenging the same, the petitioner has preferred the present Civil Revision Petition.

(2.) The learned counsel for the petitioner represented that the revision petitioner is not aware of the proceedings in the suit and he came to know about the ex parte decree only at the time of receiving notice in execution proceedings initiated by the respondent, hence delay occurred. Therefore the learned counsel sought for opportunity to proceed with the case before the court below.

(3.) Heard both sides and perused the documents available on record.