K. NAGARAJ Vs. R. VENKATESAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 24.09.2013 made in I.A.No.37 of 2013 in O.S.No.6 of 2007 on the file of the Additional Special Court, Krishnagiri.

(2.) The petitioner is defendant and respondent is plaintiff in O.S.No.6 of 2007 on the file of the Additional Special Court, Krishnagiri. The respondent filed the said suit for recovery of a sum of Rs. 2,41,000/-. The petitioner filed written statement on 11.08.2007 and subsequently, he did not contest the suit. An exparte decree was passed on 28.07.2011. The respondent filed E.P.No.57 of 2012 for arrest of the petitioner and detain him in civil prison till the realisation of the decretal amount. The petitioner entered appearance in the said E.P. on 12.06.2012 and took time upto 17.12.2012 for filing counter. But the petitioner did not file counter and he was set exparte in the E.P. An order of arrest was passed on 07.01.2013 and E.P. was adjourned to 04.02.2013. The petitioner was arrested and produced before the Court on 21.03.2013. He paid a sum of Rs. 10,000/- and he was released. Thereafter, he paid amounts on various dates and totally, he paid a sum of Rs. 25,000/- and subsequently, he did not pay any amount. The petitioner filed the present I.A.No.37 of 2013 in O.S.No.6 of 2007 under Section 5 of the Limitation Act to condone the delay of 703 days in filing application to set aside the exparte decree dated 28.07.2011.

(3.) According to the petitioner, his previous counsel did not inform him about the exparte decree. On receipt of notice in the E.P., the petitioner contacted his previous counsel, who took signature in the affidavit to file application to set aside the exparte decree and did not file the said application. Subsequently, he engaged the present counsel and filed the present application and contended that the delay is neither wilful nor wanton.