S NAGARAJAN Vs. M EASWARI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order, dated 17.06.2014, made in I.A.No.153 of 2013 in O.S.No.76 of 2009, on the file of the learned District Munsif - Cum - Judicial Magistrate, Bodinayakkanur.

(2.) The respondent herein, who is the plaintiff, has filed a suit in O.S.No.76 of 2009, on the file of the learned District Munsif -Cum- Judicial Magistrate, Bodinayakanoor, for declaration and recovery of possession and in the said suit, the first defendant / revision petitioner herein was set ex parte and ex parte decree was passed on 15.10.2009 and thereafter, the respondent / plaintiff has filed an Execution Petition in E.P.No.11 of 2011. In such circumstances, the revision petitioner / first defendant has filed an application in I.A.No.153 of 2013, to condone the delay of 1304 days in filing an application to set aside the ex parte decree passed in O.S.No.76 of 2009 and the same was dismissed on the ground that no proper reasons have been assigned in approaching the Court. Challenging the said order, the petitioner is before this Court.

(3.) The learned counsel appearing for the petitioner submitted that there is no notice served on the petitioner, since the petitioner was working as a Manager in Syndicate Bank at Andhra Pradesh. Further, the petitioner got the knowledge of the suit only after filing an Execution Petition and hence, the delay of 1304 days has been occurred for setting aside the ex parte decree passed in the suit in Suit in O.S.No.76 of 2009. He further contended that the Court below without adopting the procedure of substituted service, has passed an ex parte decree. However, the Appellate Court, without properly appreciating the facts and circumstances, has simply dismissed the application instead of condoning the delay.