RAMA KRISHNAN Vs. LAKSHMI ANIMAL

JUDGEMENT

(1.) THE petitioner is the plaintiff in O. S. No. 192 of 1990 on the file of the District Munsif, Chengalpattu. THE suit was decreed ex parte on 23. 4. 1993. THE second defendant in the suit, the respondent herein filed an application in I. A. No. 1132 of 1994 to condone the delay of 198 days in filing the application under O. 9, Rule 13 of Civil Procedure Code for setting aside the ex parte order.

(2.) . The respondent has stated in the affidavit that she engaged a lawyer to defend the suit. He was getting time for filing the written statement. Meanwhile, the first defendant, died and the legal heirs were added as defendants. The suit was adjourned from time to time and ultimately the ex parte decree was passed on 23. 4. 1993, since no written statement was filed. The non-filing of the written statement in neither wilful nor wanton but due to the bona fide reasons. The respondent further stated in the affidavit that the petition to set aside the ex parte order could not be filed in time and there is a delay of 198 days in filing the said petition. The said delay is neither wilful nor wanton and the respondent is an aged person and was suffering from various illnesses i. e. , typhoid and jaundice during the relevant days. She also sustained a leg injury and underwent continuous treatment and as such she could not meet the counsel for filing the written statement as well as filing the application under O. 9, Rule 13, C. P. C.