A.AMALRAJ Vs. K.CHANDRA

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the decreetal order passed in I.A.No.163 of 2017, which has been filed by the petitioner, who is the first defendant, to condone the delay of 1385 days in filing the petition to set aside the exparte decree passed on 01.02.2011.

(2.) The respondent/plaintiff has filed a counter statement stating that the petitioner has not filed written statement in the suit till 2011, when he appeared through his counsel in the year 2003. The respondent in the said application has stated that already a preliminary decree was passed on 09.01.2013, by which, 1/4th share was allotted in favour of the respondent/plaintiff. Based on the said preliminary decree, the respondent also filed final decree application. In such circumstances, the petitioner, who was not aware of the proceedings even after four years, has filed the petition only to drag on the proceedings and also depriving the respondent from obtaining the fruits of the decree.

(3.) The petitioner, in the said I.A., has stated that the said case was posted on 01.02.2011 for filing written statement and on that date, he could not appear before the Court because of his ill health and hence, an exparte order came to be passed, which is not known to him and hence, in that process, the delay has been occurred. The said delay of 4 years was not properly explained by the petitioner, who was very much careless and lethargic for all these years and filed the petition at a very belated time with an ulterior motive to delay the proceedings.