KANCHIRAJ @ KANGEYARAJ Vs. PAPPATHI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 20.02.2015 passed in I.A.No.524 of 2014 in O.S.No.32 of 2009 on the file of the District Munsif Court, Thuraiyur, dismissing the petition filed by the petitioners under Section 5 of the Limitation Act. The petitioners are the defendants in the suit.

(2.) The plaintiff has filed the suit for declaration to declare that the suit properties belongs to her and for possession and also mesne profits. The said suit was decreed on 21.12009.

(3.) The petitioners have filed I.A.No.524 of 2014 to condone the delay of 1477 days in filing petition to set aside the ex parte decree alleging that they have no knowledge about the suit filed by the respondent and no summons were served on the petitioners. When the respondent was trying to alienate the suit property to a third party, the petitioners came to know about the suit filed by respondent and on 08.05.2013, the petitioners have given paper publication. Thereafter, the petitioners have filed petition to set aside the ex parte decree with delay condonation petition. The delay of 1477 days in filing petition to set aside the ex parte decree is neither willful nor wanton.