P.MUTHUPANDI Vs. THIRUMALAI CHELLATHAI (DIED)

JUDGEMENT

(1.) Defendants 2 and 3 in a suit for declaration of title, mandatory injunction and recovery of possession are the revision petitioners.

(2.) The respondents herein had filed O.S.No.313 of 2008 on the file of the Additional District Munsif Court, Tenkasi for the relief of declaration of title, mandatory injunction and recovery of possession. The defendants were set exparte and an expate decree came to be passed on 15/12/2009. Based upon the exparte decree, the decree holder had filed E.P.No.28 of 2010.

(3.) According to the revision petitioners, only after receipt of notice in the execution proceedings, they came to know about the fact that an exparte decree came to be passed. Therefore, the defendants filed I.A.No.407 of 2013 to condone the delay of 223 days in filing an application to set aside the exparte decree.