THANGAIYAN Vs. CHELLAPPAN

JUDGEMENT

(1.) DISTRICT , confirming the order passed in I.A.Nos.151 and 152 of 1989 both dated 26.6.1991 by the learned Additional District Munsif Kuzhithurai, Kanyakumari District.

(2.) THE matrix of the case on hand as gathered from the case records may be stated in brief as follows: The first revision petitioner is the second defendant in the suit and the others are the legal representatives of the first and third defendants, in the suit O.S.No.500 of 1985 on the file of the District Munsif -s Court, Kuzhithurai which was filed by the respondent herein as plaintiff against the defendants for the relief of delivery of possession of the suit property and so on. As the defendants had not entered their appearance, it was decided ex parte on 17.11.1987: Subsequently, after 11 months and 14 days on coming to know of the passing of the ex parte decree, since the first defendant died, two petitions were filed with the sworn affidavit, one for setting aside the ex parte order under O.9. Rule 13 of C.P.C. and another for the relief of condoning the delay in filing the said application under Sec.5 of the Limitation Act. which was resisted by the plaintiff/respondent. On 26.6.1991 after considering the entire gamut of the matter, and perusing the affidavit and counter, the trial court found that there were no merits in the applications and thereby attributing knowledge to the defendants 2 and 3. dismissed both the petitions I. A.Nos.151 and 152 of 1989. Thus, petitions to condone the delay as well as to set aside the ex parte decree were rejected by the trial court.

(3.) AS the parties to the said two revisions, the subject -matter of the factual and legal aspects, and the nature of question to be decided as well as the property are one and the same and identical, both the revisions were heard together and as consented to. disposed of by passing this common order.