MARRI LAKSHMI NARAYANA REDDY Vs. ANNAPAREDDY LAKSHMI NARASAMMA

JUDGEMENT

(1.) Defendant in the suit filed the above civil revision petition under Article 227 of the Constitution of India against order, dtd. 30/1/2020 passed in I.A.No.894 of 2019 in O.S.No.213 of 2016 on the file of learned Senior Civil Judge, Sattenapalli.

(2.) Plaintiffs filed O.S.No.213 of 2016 against the defendant seeking partition of the suit schedule properties.

(3.) The defendant on receipt of summons got filed vakalat. However, he did not file written statement. Since written statement was not filed within time, defendant was set ex parte on 18/10/2016 and eventually ex parte decree was passed on 2/11/2016. On coming to know the same, petitioner filed I.A.No.894 of 2019 on 9/2/2017 under Sec. 5 of the Limitation Act to condone the delay of 69 days in filing the application to set aside the ex parte decree, dtd. 2/11/2016.