G SUBBARAO Vs. S RAMATHEERTHSM

JUDGEMENT

(1.) This civil revision petition is filed against the order dated 19.1.2004 passed by the learned Principal Junior Civil Judge, Parchur, in LA. No.632 of 2003 in O.S. No. 186 of 2000.

(2.) The first respondent filed O.S. No. 186 of 2000 against the petitioners and their father, the second respondent, for the relief of specific performance of an agreement. The summons were served upon the petitioners and Respondent No.2. They engaged advocates. However, no written statement was filed by them. The Trial Court ultimately passed an ex parte decree on 3.5.2002.

(3.) The first respondent filed E.P. No.24 of 2003 for execution of the decree. After receiving notices in the E.P. the petitioners as well as their father, the second respondent, entered appearance and filed a common counter-affidavit. At that stage, the petitioners filed an application under Order LX, Rule 13 C.P.C. to set aside the ex parte decree. Since there was a delay of 325 days in filing the application, they filed LA. No.632 of 2003 under Section 5 of the Limitation Act.