BHARATH SCANS PRIVATE LIMITED Vs. THAJUNISSA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order of the Court below, dismissing the application filed to condone the delay of 119 days in filing the application to set aside the ex-parte decree.

(2.) It is the contention of the revision petitioner that though summons were served, the same was mingled with other papers. Therefore, he could not appear before the Court and ex-parte decree has been passed. Only in the execution proceedings, he came to know that ex-parte decree was passed and there was a delay of 119 days occurred. It is the further contention that the suit has been filed for eviction of the defendant from the suit property and for arrears of rent. The suit property is hypothecated in Tamil Nadu Mercantile Bank. Unless liberty is given to the petitioner to contest the suit on merits, he will put into irreparable loss. The respondents have filed counter that even after receipt of summons, in order to drag on the proceedings, the defendant did not appear and there is no sufficient reason, hence, prayed for dismissal of the application. The trial Court having regard to the rival contentions, has dismissed the application.

(3.) The learned counsel appearing for the petitioner submitted that even during the execution petition, Rs.22,00,000/- (Rupees Twenty Two Lakhs Only) has been paid towards arrears of rent and submitted that to show his bona fide, he is also ready to deposit the admitted arrears amount from 21.01.2019 till today (31.01.2020) and a chance may be to contest the suit on merits.