VISHNU VIJAY Vs. B.R. KRISHNAKUMAR

JUDGEMENT

(1.) According to the petitioner, the respondent has filed a suit in O.S.No.959 of 2003 for permanent injunction against the petitioner herein. In the aforesaid suit, exparte decree was passed on 7.11.2003. The respondent has filed E.P.No.101 of 2010 to execute the exparte decree passed against the petitioner herein. Thereafter, the petitioner has filed an application to set aside the exparte decree along with condone application in I.A.No.330 of 2011 to condone the delay of 455 days in filing the application to set aside exparte decree. However, the court below dismissed the application. Challenging the dismissal order, the petitioner has filed the present Civil revision petition before this Court.

(2.) According to the petitioner, exparte decree passed in the aforesaid suit has not been communicated to the petitioner by the counsel appeared for the petitioner, before the court below. When it was came to the knowledge of the petitioner, the petitioner has filed the instant application in I.A.No.330 of 2011 to condone the delay along with an application to set aside the exparte deree. However, without giving opportunity to the petitioner to contest the suit on merit, the court below dismissed the I.A.No.330 of 2011 by stating that the petitioner has not satisfied the court for condoning the inordinate delay in filing the set aside petition. Therefore, the order passed by the court below is liable to be set aside.

(3.) Per contra, the learned counsel for the respondent vehemently objected by stating that the delay in filing the application is more than 2609 days. The petitioner has stated in the affidavit that there is delay of 455 days in filing the set aside application. Therefore, the order of the court below is sustained and the Civil revision petition is liable to be dismissed.