C. AVARANJIYAMMAL Vs. S. SELVARAJ

JUDGEMENT

(1.) The defendants are the revision petitioners before this Court challenging the order, dtd. 10/3/2015, passed by the learned District Munsif cum Judicial Magistrate, Bodinayakanur, dismissing the application filed by the defendants for condoning the delay of 1755 days in filing the application to set aside the ex-parte decree.

(2.) The plaintiff/respondent herein had filed a suit in O.S.No.71 of 2007 to declare a Sale Deed dtd. 12/9/1996 as null and void and for an injunction restraining the petitioners herein from interfering with his possession and enjoyment of the suit property.

(3.) The 2nd petitioner had entered appearance and filed a written statement refuting the claim of the respondent. However, though written statement was filed, the petitioners had not participated in the trial of the suit and therefore, an ex-parte decree came to be passed on 17/8/2009. The petitioners have thereafter, filed an application for condoning the delay of 1755 days in filing the petition to set aside the ex-parte decree. In the said application, the reasons given were that the 2nd petitioner was suffering from Jaundice and his wife, the 1st petitioner was taking care of him and thereafter, both of them had gone to Kerala to eke out their livelihood and when they returned to their native village, they had contacted their counsel, who had informed the ex-parte decree. Therefore, they had come forward with the said application.