D.VENKATA NARAYNA Vs. D.POLAMMA(DIED)

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order dtd. 28/11/2017 passed in I.A.No.1344 of 2016 in O.S. No.141 of 2009 on the file of Principal Senior Civil Judge, Kadapa.

(2.) The petitioner herein is the defendant and the respondents are the plaintiffs in the OS No.141 of 2009. I.A No.141 of 2009 was filed under Sec. 5 of Limitation Act to condone the delay of 130 days in filing the petition to set aside the ex parte order.

(3.) Brief facts of the case are that the respondents herein are the plaintiffs filed suit against the petitioner herein for grant of permanent injunction. The above suit was filed by the grandmother of the respondent against the petitioner herein for cancellation of gift deed dtd. 17/3/2008 executed by her in favour of the petitioner. Pending suit, the respondent died. Therefore, her legal representatives were added in the suit. Learned counsel for the petitioner submits that due to ill ness the counsel for the petitioner in the lower court was unable to proceed with case in time to take steps for setting aside the ex parte decree passed on 7/1/2016, therefore, requests this Court to condone the delay of 130 days in filing the petition under Order IX Rule 13 CPC. He further submits that there is no wilful or wanton delay on the part of the petitioner, and further, immediately after coming to know his knowledge, the petition has filed a petition to set aside the ex parte decree passed on 7/1/2016.