RATHINAM Vs. SRIVILLIPUTTUR KOTTAPPURAM VAISIYA CHETTIYAR

JUDGEMENT

(1.) Challenge is made in this memorandum of Civil Revision Petition to the fair and decretal order, dated 28.07.2012 and made in I.A. No. 580 of 2012 in O.S. No. 484 of 2005 on the file of the learned Additional District Munsif, Srivilliputtur. The revision petitioners herein are the defendants, whereas the respondent is the plaintiff in the suit in O.S. No. 484 of 2005.

(2.) On perusal of the records, it is revealed that the respondent herein has filed the above suit as against the revision petitioners seeking the relief of declaration and recovery of vacant possession of the properties specified in the plaint schedule. Indeed, the revision petitioners/defendants have contested the suit by filing their written statement, however, they remained ex-parte and in consequence thereof, the suit was decreed ex-parte on 13.07.2010. Since there was a delay of 167 days in filing an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 to set aside the ex-parte decree, the revision petitioners/defendants were constrained to file an application in I.A. No. 580 of 2011 under Section 5 of the Limitation Act, 1963, to condone the delay of 167 days. That petition was strenuously contested by the respondent/plaintiff.

(3.) The learned trial Judge, after hearing both sides, had proceeded to dismiss that application on 28.07.2012 on the ground of non-availability of "sufficient cause" to condone the delay of 176 days.