PARVATHI Vs. RAJAGOPAL

JUDGEMENT

(1.) The Civil Revision Petition has been instituted against the Fair and Decreetal order dtd. 23/6/2022 passed in I.A.No.324/2018 in O.S.No.128/1997.

(2.) The Revision Petitioner is the 4th defendant in the suit. The respondent filed the suit in O.S.No.128/1997 for Declaration and for recovery of possession. The Revision Petitioner filed I.A.No.324/2018 for condoning the delay of 6018 days in filing the application for setting aside the ex-parte decree. The respondent/plaintiff contested the Interlocutory Application filed by the revision petitioner.

(3.) The trial Court adjudicated the issues and made a finding that the delay of 6018 days in filing a petition to set aside the ex-parte decree is enormous and revision petitioner has not submitted any documents nor established the delay as genuine. Since the documents are insufficient to form an opinion regarding the genuinity of the enormous delay, the trial Court relied on the judgment of the High Court and arrived a conclusion that the long delay of 6018 days cannot be condoned and consequently, dismissed the Interlocutory Application.