U. SRIVILAS Vs. FREDDY HOMI PAVRI

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the order dtd. 28/4/2014 in I.A. No. 14801 of 2012 in I.A. No. 8973 of 2012 in O.S. No. 4106 of 2000 on the file of the learned XI Assistant Judge, City Civil Court, Chennai.

(2.) The petitioners are the defendants in the suit O.S. No. 4106 of 2000 filed by the respondent seeking for declaration that the partnership firm namely M/s. Ahura Enterprise at No. 102, St. Mary's Road, Raja Annamalaipuram, Chennai 600 018 is dissolved with effect from 25/6/1997 and also seeking for a direction to the petitioners/defendants to render accounts of the firm and its business, including its assets from 22/7/1993. A preliminary decree dtd. 24/11/2003 came to be passed against the petitioners in O.S. No. 4106 of 2000. Admittedly, no appeal was filed by the petitioners against the said preliminary decree and the said preliminary decree has attained finality. Thereafter, the respondents filed an application I.A. No. 8973 of 2005 for passing of final decree and the petitioners/defendants were set ex parte and an ex parte final decree dtd. 8/12/2011 came to be passed against the petitioners in favour of the respondent. The petitioners filed I.A. No. 14801 of 2012 to condone the delay of 149 days in filing an application to set aside the ex parte final decree dtd. 8/12/2011. The said application came to be dismissed on 28/4/2014. Aggrieved by the dismissal of the condone delay application, the instant revision has been filed.

(3.) Heard Mr. M.V. Venkataseshan, learned counsel for the petitioners and Mr. M.V. Venkataseshan, learned counsel for the respondent.