P. RAMANI AND OTHERS Vs. S.K. SADASIVAM

JUDGEMENT

(1.) This Revision arises against the fair and final order dated 21.11.2015 in I.A. No. 151 of 2014 in O.S. No.633 of 2007 on the file of Principal District Munsif Court,Erode.

(2.) The petitioner's father filed a suit in O.S. No.633 of 2007 for permanent injunction. Since the respondent/4th defendant was set ex-parte in the suit, he filed an Interlocutory Application in I.A. No.151 of 2014, seeking to condone the delay of 1647 days in filing the petition under Order 9, Rule 13 of CPC to set aside the ex-parte decree dated 08.07.2009. The respondent had stated in the petition, the counsel for the petitioner therein has not communicated to him and hence he was not aware of the proceedings in the above suit. On coming to know about the ex-parte decree, the respondent has filed the aforesaid application. The court below has allowed the petition, condoning the delay of 1647 days.

(3.) The learned counsel for the petitioners would submit that the court below has failed to consider the objections of the petitioners that there is an inordinate delay, in filing the application to condone the delay. Hence, the order of the court below is liable to be set aside.