SPORTS DEVELOPMENT AUTHORITY Vs. TAMIL RADHESOAMI SATSANG ASSOCIATION

JUDGEMENT

(1.) These civil Revision Petitions are directed against the orders made in E .A. Nos.3256 and 3257 of 2014 dtd. 23/1/2015 whereby the application filed by the petitioner seeking to condone the delay of three days in filing an application to set aside the ex-parte order and the application to set aside the ex-parte order where dismissed by learned Xth Asst Judge, City Civil Court.

(2.) The case of the petitioner is that the execution petition was posted for filing counter on 20/6/2014 and there was a delay in preparing the counter, as the back papers could not be collected from the previous counsel on record. Hence the petitioner was set ex-parte and further proceedings posted to 12/8/2014. The petitioner on coming to know about the ex-parte order had filed an application to set aside the same. In filing the application there has occasioned the delay of three days for which also a separate application to condone the delay was filed. The Court below without considering the applications on its proper perspective has dismissed them. Being aggrieved against the said orders, the present revision has been preferred.

(3.) On the contrary, the respondent case is that the application does not spell out any reasonable/ sufficient cause neither to condone the delay nor to set aside the exparte order and hence, is liable to be rejected. It is also the case of the respondent that the delay mentioned in the affidavit is much more than the delay specified. Hence, the respondent prayed for rejection of the applications filed by the petitioner.