B.HARITHA Vs. N.E.NAGENDRA

JUDGEMENT

(1.) This civil revision petition is filed by the petitioner/defendant under Sec. 115 of CPC against the order dtd. 23/2/2022 dismissing the petition in I.A.No.550 of 2021 in O.S.No.230 of 2020 on the file of the Court of the Principal Junior Civil Judge, Dhone, filed under Sec. 5 of the Limitation Act to condone the delay of 162 days in filing the petition to set aside the ex parte preliminary decree dtd. 1/12/2020 in the suit.

(2.) The petitioner is the defendant and the respondent is the plaintiff. The suit is filed for realization of money based on the mortgage. The suit was posted for appearance of the defendant on 20/11/2020. As the defendant did not appear, he was set ex parte and later the evidence of the plaintiff was recorded on 30/11/2020 and judgment was pronounced on 1/12/2020 allowing the suit passing the preliminary decree.

(3.) The petitioner/defendant stated that he could not attend before the Court on 20/11/2020 due to ill-health and that he has good grounds to contest the suit and that the delay occurred due to ill- health and not intentional or deliberate.