V SELVAM Vs. V DURAISAMY

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the order and decreetal order dated 24.8.2010 passed in I.A.No.113 of 2010 in O.S.No.166 of 2008 on the file of the Subordinate Judge, Perambalur.

(2.) THE respondent filed the suit O.S.No.166 of 2008 for recovery of money based on promissory note. After service of summons in the suit on the defendant, the revision petitioner herein, the suit came to be decreed ex parte on 29.10.2008. Stating that the revision petitioner has no knowledge about the ex parte decree and after receipt of notice in execution petition, the revision petitioner filed the application I.A.No.113 of 2010 to condone the delay of 514 days in filing the application under Order 9 Rule 13 CPC to set aside the ex parte decree. This application was filed on 26.4.2010 stating that the revision petitioner, defendant was suffering from jaundice.

(3.) IN view of the above, the Court below came to the conclusion that the delay has not been properly explained. There is suppression of facts and sufficient cause has not been shown to seek the discretionary remedy from the court to condone the delay. On the above stated finding and holding that the application filed for condonation of delay lacks bona fides and devoid of merits, the Court below dismissed the application.