K RAJAMANICKAM Vs. K DURGA

JUDGEMENT

(1.) This petition is filed against the order and decree made in I.A.No.474 of 2001 in O.S.No.180 of 1996 on the file of the learned II Additional District Munsif, Salem, dated 08.08.2003.

(2.) To set aside the ex-parte decree, the revision petitioner has filed an application in I.A.No.474 of 2001 with a delay of 94 days. The revision petitioner has averred in the affidavit filed in support of the condone delay application that the petitioner had no knowledge about his counsel reporting "no instruction" and that because of another proceedings before this Court, the petitioner was irregular in his home town and therefore had no knowledge about the order of the trial court. In the meantime, the revision petitioner received notice in the execution proceedings. Thereafter, only he came to know that an ex-parte decree was passed against him in the said suit. Thereafter, he filed an application to set aside the ex-parte decree with a delay of 94 days.

(3.) The revision petitioner stated that the delay is neither willful nor wanton, but the same is beyond his control and without his knowledge. Hence, he prayed to condone the delay of 94 days in seeking to set aside ex-parte decree.