CHINNAPONNU AND OTHERS Vs. GEETHA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 09.01.2014 made in I.A.No.1022 of 2013 in O.S.No.31 of 2002 on the file of the Principal District Munsif Court, Villupuram.

(2.) The petitioners are the defendants and respondent is the plaintiff in O.S.No.31 of 2002 on the file of the Principal District Munsif Court, Villupuram. The respondent filed the said suit for declaration to declare the petitioners' revocation of the registered General Power of Attorney dated 13.07.1992 as null and void and for permanent injunction restraining the petitioners from interfering with her peaceful possession and enjoyment of the suit properties. In the said suit, the petitioners 1, 3 and 4 entered appearance through Advocate and 2nd petitioner did not file vakalat. The petitioners were called absent and set exparte and exparte decree was passed on 05.08.2003. The petitioners filed application on 05.03.2008 under Section 5 of the Limitation Act to condone the delay of 1116 days in filing the application under Order 9, Rule 13 of C.P.C to set aside the exparte decree. The said application was returned for certain compliances. The petitioners did not re-present the same in time.

(3.) The petitioners filed present application I.A.No.1022 of 2012 to condone the delay of 1530 days in re-presenting the application filed to condone the delay in filing the petition to set aside the exparte decree. According to the petitioners, the 3rd petitioner was conducting the case on behalf of all the petitioners and petitioners went to Chennai for their avocation. The 3rd petitioner was suffering from jaundice and joint pain and therefore, they could not meet their Advocate and re-present the application in time.