SUNKESULA RASOOL BEE Vs. SHAIK KHADERVALLI

JUDGEMENT

(1.) This civil revision petition is filed by the petitioner/defendant aggrieved by the order dated 04.12.2019 passed by the Junior Civil Judge, Lakkireddypalli, in I.A.No.438 of 2018 in O.S.No.70 of 2017 dismissing her petition filed under Section 5 of the Limitation Act to condone the delay of 320 days in filing a petition under Order IX Rule 13 CPC to set aside the ex parte decree passed against her.

(2.) The respondent/plaintiff filed the above mentioned suit against the petitioner/defendant for recovery of money. In the said suit, the petitioner/defendant remained absent and so, the trial Court set her ex parte and passed an ex parte order dated 06.11.2017. The respondent/plaintiff filed a final decree petition in I.A.No.220 of 2018. At that stage, the petitioner/defendant filed a petition under Order IX Rule 13 CPC to set aside the ex parte decree and as there was delay of 320 days in filing the said petition, she filed I.A.No.438 of 2018 to condone the delay. Her case was that she is a poor woman and due to financial constraints, she went to Bangalore to eke out her livelihood and worked as a sweeper in an apartment i.e., United Elysium-2 from 2011 to 2019 and therefore, she could not attend the Court to contest the suit. However, the said plea was not found favour with the trial Court, as the petitioner/defendant did not produce any oral or documentary evidence to substantiate her plea. Ultimately, the petition was dismissed. Hence the instant civil revision petition.

(3.) Notice was served on the respondent/plaintiff, but none appeared on his behalf. Hence, heard learned counsel for the petitioner/defendant.