DISTRICT COLLECTOR NIZAMABAD Vs. A GANGA MOHAN

JUDGEMENT

(1.) This revision petition is directed against an order dated 14-11-1996 passed in I.A.No.96 of 1995 in O.S.No.43 of 1990 on the file of the Subordinate Judge, Nizamabad.

(2.) The application I.A.No.96 of 1995 in O.S.No.43 of 1990 on the file of the Subordinate Judge, Nizamabad was filed by the revision petitioners who are defendants 3 to 5 under Section 5 of the Limitation Act to condone the delay of 1368 days in filing petition to set aside the ex parte decree dated 4-4-1991 in O.S.No.43 of 1990. The Court below, after considering all the contentions raised by both parties, had dismissed the application and aggrieved by the same the present revision petition is filed. The main ground which was urged by the Government was that the then Government Pleader acted indifferently and did not take any interest in Government cases which resulted in dismissals and ex parte decisions against the Government and the Mandal Revenue Office came to know about the same during the period of filing the present application about the passing of the said ex parte decree and consequently since the Government came to know about the same the Government had decided to file an application to set aside the ex parte decree and inasmuch as there was delay of 1368 days an application to condone the delay also was filed along with application to set aside the ex parte decree. It was also stated that there was no fault on the part of the Government in not filing the written statement and the Government filed a complaint against the then Government Pleader before the Bar Council of Andhra Pradesh for his attitude and acts which resulted in dismissal of cases and ex parte decisions against the Government and the Bar Council of Andhra Pradesh after detailed enquiry suspended the then Government Pleader from practising as an advocate for a period of three months and hence it was prayed that the delay has to be condoned and the ex parte decree passed is to be set aside. The application filed for condonation of delay by the petitioners was opposed by the respondent.

(3.) From the facts and circumstances of the case it is clear that there is serious negligence on the part of the Government and also officials representing the Government. Be that as it may, it is pertinent to note that the ex parte decree was passed on 4-4-1991 and the petition was filed on 2-2-1995. In fact, the Court below had observed that the delay calculated will be 1397 days but not 1368 days. Hence it cannot be said that the inordinate delay was explained by the revision petitioners.