GOVINDAPPA M V Vs. R C PARVATHAMMA

JUDGEMENT

(1.) This revision petition is filed against the order of the Junior Civil Judge, Hindupur in I.A.No. 645 of 2000 in O.S.No. 43 of 1993 dated 23-1-2001 dismissing the petition filed under Section 5 of the Limitation Act.

(2.) The petitioner herein is the 8th defendant in O.S.No. 43 of 1993. That suit was instituted by the respondents herein who are none other than the sisters of the petitioner herein for partition of the suit schedule property. The petitioner contested that suit for some time. Thereafter, he allowed the suit to be decreed ex parte against him on 29-7-1998. Long time thereafter, he filed I.A.No. 645 of 2000 seeking to condone the delay of 685 days in filing the petition for setting aside the ex parte preliminary decree dated 29-7-1998 passed against him. The case of the petitioner is that from the date of service of summons in the suit, plaintiffs 1 and 2 are making efforts for amicable settlement of the suit outside the Court and believing their representation, he did not take steps to file the petition for setting aside the ex part decree dated 29-7-1998 in time. It is his further case that the delay that has occurred was not wilful and is therefore liable to be condoned.

(3.) The respondents herein filed a counter stating that the petitioner herein could not and did not show any cause much less sufficient cause to condone the delay and the petition is filed only to drag on the proceedings.