ARJUNAN RAV Vs. S. JAYALAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 05.10.2015 made in I.A.No.5986 of 2015 in O.S.No.3005 of 2014 on the file of the XIII Assistant City Civil Court, Chennai.

(2.) The petitioner is the defendant and respondent is the plaintiff in O.S.No.3005 of 2014 on the file of the XIII Assistant City Civil Court, Chennai. The respondent filed the said suit for mandatory and permanent injunction. The petitioner did not appear and he was set exparte on 04.08.2014 and exparte decree was passed on 15.12.2014. The respondent filed E.P.No.745 of 2015 to execute the decree. The petitioner filed the present I.A.No.5986 of 2015 under Section 5 of Limitation Act to condone the delay of 177 days in filing the petition to set aside the exparte decree. According to the petitioner, he received suit summons from the Court and as he was not aware of the Court proceedings, he could not appear before the Court on 04.08.2014 and give vakalat to his counsel and failed to inform the counsel about his inability to attend the Court. He was informed about the exparte decree only on 03.03.2015 and his absence on 04.08.2014 is neither wilful nor wanton, but due to the reasons stated above.

(3.) The respondent filed detailed counter affidavit and opposed the said application. According to the respondent, the petitioner was aware of the proceedings and failed to appear on 24.06.2014 to 08.12.2014 for 10 hearings and an exparte decree was passed on 15.12.2014. The petitioner filed I.A.No.13918 of 2014 to set aside the exparte order dated 24.06.2014 and the said application was dismissed on 17.11.2014. Mean while, the respondent filed I.A.No.16425 of 2014 for punishing the petitioner for disobeying the order of interim injunction granted in I.A.No.8490 of 2014 and submitted that petitioner has not given any sufficient and valid reason for condoning the delay of 177 days in filing the application and prayed for dismissal of the application.