APPHAS Vs. CHINNAPPA

JUDGEMENT

(1.) THIS Revision Petition is directed against the Order of the District Munsif, Krishnagiri made in I. A. No. 1344/1996 In O. S. No. 652/1995, dismissing the Petition filed under Section 5 of the Limitation Act to condone the delay of 108 days in filing the Petition to set aside the exparte Decree.

(2.) BRIEF facts are as follows :-The Respondent/plaintiff has filed a Promissory Note Suit in O. S. No. 652/1995 for recovery of Rs. 25,250/ -. The Revision Petitioners/defendants resisted the suit contending that the suit pronote was not executed by them but was a forged one. The case was posted for trial on 06. 03. 1996. Due to the non appearance of the Defendants, they were set exparte and exparte Decree was passed against them on 06. 03. 1996.

(3.) DEFENDANTS have filed I. A. No. 1344/1996 under Section 5 of the Limitation Act to condone the delay of 108 days in filing the application to set aside the exparte Decree. The Respondent/plaintiff opposed that application. The lower Court dismissed the application observing that inspite of opportunity given to the Defendants, they have not taken steps to contest the matter. It was observed that they have filed application to set aside the exparte Decree only after Execution Petition was filed and the delay is not satisfactorily explained.