K.VIJAYARANGAM Vs. BAJAJ PROMOTERS PVT. LTD.

JUDGEMENT

(1.) The present Civil Miscellaneous Petition has been filed seeking condonation of delay of 3110 days in filing the revision petition, challenging the order dtd. 30/10/2015 in I.A.No.16309 of 2013 in O.S.No.4801 of 2009, on the file of the XIII Assistant City Civil Court, Chennai.

(2.) I have heard Mr.P.R.Raman, learned Senior Counsel for Mr.G.Naveen,, learned counsel for the petitionerss and Mr.P.Valliappan, learned Senior Counsel for Mr.T.K.S.Gandhi, learned counsel for the contesting 1st respondent.

(3.) Mr.P.R.Raman, learned Senior Counsel appearing for the petitioners would submit that the suit was filed against a widow and her daughters and an ex-parte decree came to be passed in April 2010 and an application under Sec. 5 to set aside the ex-parte decree was filed on 25/10/2013, with a delay of 1350 days in seeking to set aside the ex-parte decree. He would further submit that the husband of the 2nd defendant was bedridden and passed away. Even the wife was seriously ill and she was also not of sound mind throughout and she has been regularly taking treatment for her mental conditions as well. The learned Senior Counsel would further state that the 2nd defendant filed the application and in order to explain the delay in filing the revision, medical records have also been relied on.