LIC HOUSING FINANCE LIMITED Vs. FUTNANI DIARY FARM

JUDGEMENT

(1.) This appeal is directed against the order of the learned single Judge allowing the application to condone the delay of 533 days in filing a petition for setting aside the exparte preliminary decree dated 30-07-2001 passed in C.S. No. 372 of 1998.

(2.) The respondent herein has engaged his previous counsel for entering appearance and entrusted vakalath duly signed by him on 24-09-2001. He was under the bonafide impression that the counsel would take care of the case. Whereas, the previous counsel has presented the Vakalath only on 19-09-2002 and even prior to the signing of the vakalath, he was set exparte on 30-07-2001, which he was not aware. The learned single judge felt that though the respondent was not vigilant, his failure should not have been made a ground for ousting him from the litigation, which involves the property worth several crores.

(3.) The learned single Judge, after affording opportunity to the parties and relying on the decision of the Apex Court reported in (M.K.Prasad Vs. P.Arumugam) (2001) 6 SCC Page No.1761 has exercised discretion to advance substantial justice since found that the property involved belonged to respondent worth about several crores and condoned the delay subject to payment of costs of Rs.50,000/-. It is an admitted fact that the said costs was received by the appellant herein without any protest.